THE BILL ITSELF
CS/HB 221
Minimum Wage Requirements
1
A bill to be entitled
2
An act relating to minimum wage requirements;
3
providing a short title; amending s. 448.110, F.S.;
4
exempting an employer from state minimum wage
5
requirements for specified employees; prohibiting
6
certain work-based learning opportunities from lasting
7
longer than a specified timeframe; defining the term
8
"work-based learning opportunity"; authorizing
9
employees to voluntarily opt out of the state minimum
10
wage requirements by signing a waiver; prohibiting an
11
employer from coercing an employee into opting out of
12
the state minimum wage; providing requirements for the
13
waiver to be effective for a minor employee; requiring
14
employers to pay an employee at or above the federal
15
minimum wage; requiring an employee to be paid at or
16
above the state minimum wage at the expiration of the
17
work-based learning opportunity; providing an
18
effective date.
20
Be It Enacted by the Legislature of the State of Florida:
22
Section 1. This act may be cited as the "On-the-Job
23
Workforce Training Act."
24
Section 2. Subsection (3) of section 448.110, Florida
25
Statutes, is amended to read:
26
448.110 State minimum wage; annual wage adjustment;
27
enforcement.—
28
(3)(a) Employers shall pay employees a minimum wage at an
29
hourly rate of $6.15 for all hours worked in Florida. Only those
30
individuals entitled to receive the federal minimum wage under
31
the federal Fair Labor Standards Act, as amended, and its
32
implementing regulations shall be eligible to receive the state
33
minimum wage pursuant to s. 24, Art. X of the State Constitution
34
and this section. The provisions of ss. 213 and 214 of the
35
federal Fair Labor Standards Act, as interpreted by applicable
36
federal regulations and implemented by the Secretary of Labor,
37
are incorporated herein.
38
(b)1. An employer is not subject to the state minimum wage
39
requirements of this section for an employee who is in a
40
structured work-study, internship, or preapprenticeship program,
41
or other similar work-based learning opportunity, and such
42
employee opts out of receiving the minimum wage.
43
a. Such work-based learning opportunity may not last
44
longer than 252 days or, if the employee is earning credit at a
45
school, Florida College System institution, or state university,
46
two semesters, whichever is longer.
47
b. If the employee is under 18 years of age, such work-
48
based learning opportunity may not last longer than 126 days or,
49
if the employee is earning credit at a school, Florida College
50
System institution, or state university, one semester, whichever
51
is longer.
52
2. For purposes of this paragraph, the term "work-based
53
learning opportunity" means any interaction with industry or
54
community professionals which occurs in a workplace setting with
55
the sole purpose of providing the employee with an authentic
56
structured learning experience and on-the-job training that
57
fosters in-depth, firsthand engagement with the tasks required
58
in a given career field in order to become qualified and
59
proficient in such career field. A work-based learning
60
opportunity must meet all of the following criteria:
61
a. Be developmentally appropriate.
62
b. Identify learning objectives for the term of the
63
experience.
64
c. Explore multiple aspects of an industry.
65
d. Develop workplace skills and competencies.
66
e. Assess employee performance.
67
f. Be documented and reported in compliance with state and
68
federal labor laws.
69
(c) An employee may opt out of receiving the state minimum
70
wage by voluntarily signing a waiver of his or her right to the
71
state minimum wage established under this subsection. The waiver
72
must state that the employee acknowledges his or her right to
73
the state minimum wage pursuant to s. 24, Art. X of the State
74
Constitution and this section and that the employee is knowingly
75
and voluntarily choosing to receive a lesser amount for his or
76
her work-based learning opportunity as described in paragraph
77
(b). An employer may not coerce an employee to opt out of
78
receiving the state minimum wage. If the employee is younger
79
than 18 years of age, in order for the waiver to be effective,
80
the employee's parent or guardian must have agreed and signed
81
the waiver on behalf of, and in addition to, the minor employee.
82
(d) Except as provided in paragraphs (b) and (c), an
83
employer must pay an employee a wage at or above the federal
84
minimum wage.
85
(e) At the expiration of the work-based learning
86
opportunity, the employee must be paid at or above the state
87
minimum wage regardless of his or her position or job title with
88
the employer.
89
Section 3. This act shall take effect July 1, 2026.