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Florida Enacts Employment Regulations

21 May

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Update Applicable to:Effective date
All employers with at least 1 worker who physically performs work in FloridaJuly 1, 2024 – General Amendment   September 30, 2026 – Section 218.077  


What happened?

On April 12, 2024, Governor Ron DeSantis signed HB 433, which restricts local governments from enacting their heat safety regulations, influencing wage rates and employee benefits through contracts, and creating scheduling rules for private employers.


What are the details?

A political subdivision is a separate legal entity of a State which usually has specific governmental functions.

The law does the following:

  • Prohibits political subdivisions from maintaining a minimum wage other than a state or federal minimum wage.
  • Prohibits political subdivisions from controlling, affecting, or awarding preferences based on the wages or employment benefits of entities doing business with the political subdivision.
  • Preempts local governments from adding their own regulations. For example, it would prevent local governments from requiring employers to meet or provide heat exposure requirements not otherwise required under state or federal law.
  • Prohibits political subdivisions from requiring an employer or contractor to meet or provide heat exposure requirements, other than the ones required in the state of federal law.

The rationale behind the limitation on heat prevention is that the Occupational Safety and Health Administration (OSHA) has established best practices over the years, acknowledging that the prevention of heat-related illnesses necessitates education and a strong partnership between employers and employees.

  • Local governments have begun implementing their heat exposure requirements, some of which are specific to certain industries, and often overlook the individual employee’s responsibility to adhere to guidelines and protect themselves from heat-related illnesses.
  • The enforcement of these local requirements is often funded through fines and penalties imposed on employers.
  • OSHA’s “general duty clause” mandates employers to maintain workplaces free from recognized hazards that are causing or are likely to cause death or serious physical harm, including heat-related hazards.

For a good breakdown of the bill.


Business Considerations

  • Employers should ensure they are adhering to the state or federal minimum wage laws.
  • Employers should ensure they are following state and federal laws regarding heat exposure in the workplace.
  • Employers should not expect any advantages in competitive solicitations based on their heat exposure policies or its requirement as a condition.
  • Employers are encouraged to reiterate compliance assistance, and outreach efforts, and encourage early intervention during high-heat working conditions.


Source References


Resources

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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