Title: Preemption of Local Government Wage Mandates

Summary: Creating the "Wage Mandate Preemption Act"; deleting the definition of the term "employer contracting to provide goods or services for the political subdivision"; revising prohibitions relating to political subdivisions enacting, maintaining, or enforcing wage mandates in an amount greater than the state or federal minimum wage; specifying that any wage mandate that conflicts with such prohibitions is void, etc.

Full Text:
An act relating to preemption of local government wage mandates; amending s. 218.077, F.S.; providing a short title; defining the terms  employ  and  wage mandate ; deleting the definition of the term  employer contracting to provide goods or services for the political subdivision ; revising prohibitions relating to political subdivisions enacting, maintaining, or enforcing wage mandates in an amount greater than the state or federal minimum wage; specifying that any wage mandate that conflicts with such prohibitions is void; revising applicability; providing construction; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 218.077, Florida Statutes, is amended to read: 218.077 Wage Mandate Preemption Act and employment benefits requirements by political subdivisions; restrictions.  (1)  This section may be cited as the  Wage Mandate Preemption Act.  (2)  As used in this section, the term: (a)   Employ  has the same meaning as established under the federal Fair Labor Standards Act and its implementing regulations. (b)  Employee  means any natural person who is entitled under state or federal law to receive a state or federal minimum wage. (c) (b)  Employer  means any person who is required under state or federal law to pay a state or federal minimum wage to the person s employees. ( c)     Employer contracting to provide goods or services for the political subdivision  means a person contracting with the political subdivision to provide goods or services to, for the benefit of, or on behalf of, the political subdivision in exchange for valuable consideration, and includes a person leasing or subleasing real property owned by the political subdivision. (d) Employment benefits  means anything of value that an employee may receive from an employer in addition to wages and salary. The term includes, but is not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid or unpaid days off for holidays, sick leave, vacation, and personal necessity; retirement benefits; and profit-sharing benefits. (e) Federal minimum wage  means a minimum wage required under federal law, including the federal Fair Labor Standards Act of 1938, as amended, U.S.C. ss. et seq. (f) Political subdivision  means a county, municipality, department, commission, district, board, or other public body, whether corporate or otherwise, created by or under state law. (g) Wage  means that compensation for employment to which any state or federal minimum wage applies. (h)    Wage mandate  means any requirement enacted by a political subdivision which requires an employer to pay any or all of its employees a wage rate not otherwise required under state or federal law. (3) (2)  Except as otherwise provided in subsection (4) (3),a political subdivision may not enact establish,maintain mandate,or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage mandate in an amount greater than the state minimum wage rate calculated pursuant to s. 24, Art. Xof the State Constitution or the federal minimum wage rate. Any wage mandate that conflicts with this subsection is void. Additionally, a political subdivision may not otherwise require an employer to pay a minimum wage, other than a state or federal minimum wage, to apply a state or federal minimum wage to wages exempt from a state or federal minimum wage, or require an employer to provide employment benefits not otherwise required by state or federal law. (4) (3)  This section does not: (a) Limit the authority of a political subdivision to enact, maintain, or enforce, through a collective bargaining agreement or other means, establish a minimum wage requirement other than a state or federal minimum wage or to provide employment benefits not otherwise required under state or federal law: 1. For the employees of the political subdivision; or 2.  For the employees of an employer contracting to provide goods or services for the political subdivision, or for the employees of a subcontractor of such an employer, under the terms of a contract with the political subdivision; or 3.  For the employees of an employer receiving a direct tax abatement or subsidy from the political subdivision, as a condition of the direct tax abatement or subsidy. (b) Apply to a domestic violence or sexual abuse ordinance, order, rule, or policy adopted by a political subdivision. (c)   Limit, restrict, or expand a prevailing wage required under state law. (5) (4)  If it is determined by the officer or agency responsible for distributing federal funds to a political subdivision that compliance with this act would prevent receipt of those federal funds, or would otherwise be inconsistent with federal requirements pertaining to such funds, then this act does not apply, but only to the extent necessary to allow receipt of the federal funds or to eliminate the inconsistency with such federal requirements. (6) (5)  This section does not prohibit a federally authorized and recognized tribal government from requiring employment benefits for a person employed within a territory over which the tribe has jurisdiction. Section 2. This act shall take effect upon becoming a law.