The 2023 Florida Statutes (including Special Session C)

Title XXXI
LABOR

Chapter 448
GENERAL LABOR REGULATIONS

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F.S. 448.24

448.24 Duties and rights.—

(1) No labor pool shall charge a day laborer:

(a) For safety equipment, clothing, accessories, or any other items required by the nature of the work either by law, custom, or as a requirement of the third-party user:

1. This subsection shall not preclude the labor pool from charging the day laborer the market value of items temporarily provided to the worker by the labor pool, in the event that the worker willfully fails to return such items to the labor pool.

2. For items other than those referenced in this paragraph, which the labor pool makes available for purchase, the day laborer shall be charged no more than the actual cost of the item to the labor pool, or market value, whichever is less.

(b) More than a reasonable amount to transport a worker to or from the designated worksite, but in no event shall the amount exceed $1.50 each way; or

(2) A labor pool shall:

(a) Select one of the following methods of payment to compensate a day laborer for work performed:

1. Cash.

2. Commonly accepted negotiable instruments that are payable in cash, on demand at a financial institution, and without discount.

3. Payroll debit card.

4. Electronic fund transfer, which must be made to a financial institution designated by the day laborer.

(b) Before a day laborer’s first pay period, provide notice to the day laborer of the method of payment that the labor pool intends to use for payroll and the day laborer’s options to elect a different method of payment, and authorize the day laborer to elect not to be paid by payroll debit card or electronic fund transfer.

1. Offer the day laborer the option to elect payment by electronic fund transfer; and

2. Before selecting payroll debit card, provide the day laborer with a list, including the address, of a business that is in close proximity to the labor pool and that does not charge a fee to withdraw the contents of the payroll debit card.

(d) Compensate day laborers at or above the minimum wage, in conformance with s. 448.01. Deductions, other than those authorized by federal or state law, may not bring the worker’s pay below minimum wage for the hours worked.

(e) Comply with all requirements of chapter 440.

(f) Insure any motor vehicle owned or operated by the labor hall and used for the transportation of workers pursuant to Florida Statutes.

(g) At the time of each payment of wages, furnish each worker a written itemized statement showing in detail each deduction made from such wages. A labor pool may deliver this statement electronically upon written request of the day laborer.

(h) Provide each worker with an annual earnings summary within a reasonable period of time after the end of the preceding calendar year, but no later than February 1.

(3) No labor pool shall request or require that any day laborer sign any document waiving the protections of this part.

(4) No labor pool shall charge more than the actual cost of providing lunch, if lunch is provided at the worksite by the labor pool. In no case shall the purchase of lunch be a condition of employment.

(5) A labor pool that operates a labor hall must provide facilities for a worker waiting at the labor hall for a job assignment that include restroom facilities, drinking water, and sufficient seating. A labor pool satisfies requirements for providing restroom facilities and drinking water if its labor hall facilities comply with all minimum requirements for public restrooms and drinking fountains in the Florida Building Code and any local amendments thereto. A labor pool may also provide drinking water through a water cooler dispenser, by offering bottled water, or by any other similar means.

(6) No labor pool shall restrict the right of a day laborer to accept a permanent position with a third-party user to whom the laborer is referred for temporary work, or to restrict the right of such a third-party user to offer such employment to an employee of the labor pool. However, nothing shall restrict the labor pool from receiving a reasonable placement fee from the third-party user.

(7) Nothing in this part precludes the labor pool from providing a day laborer with a method of obtaining cash from a cash-dispensing machine that is located on the premises of the labor pool and is operated by the labor pool, or by an affiliate, pursuant to chapter 560, if required, for a fee for each transaction which may not exceed $1.99, provided:

(a) The labor pool offers payment in compliance with the provisions of paragraph (2)(a).

(b) The day laborer voluntarily elects to accept payment in cash after disclosure of the fee.

(c) The cash-dispensing machine requires affirmative action by the day laborer with respect to imposition of the fee and allows the day laborer to negate the transaction in lieu of payment in compliance with paragraph (2)(a).

History.—s. 1, ch. 95-332; s. 10, ch. 2001-65; s. 1, ch. 2006-10; s. 1, ch. 2015-20; s. 1, ch. 2023-138.

F.S. 448.24 on Google Scholar

F.S. 448.24 on Casetext

Amendments to 448.24

Arrestable Offenses / Crimes under Fla. Stat. 448.24

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 448.24.

Annotations, Discussions, Cases:

Cases from cite.case.law:

K. C. CROMWELL, INC. a K. C. a f k a d b a U. S. A. v. R. POLLARD,, 28 So. 3d 945 (Fla. Dist. Ct. App. 2010)

. . . Pollard brought an action alleging that Workforce violated section 448.24(l)(b) which outlines the duties . . . It concluded that in order to comply with section 448.24(l)(b), $1 was the maximum amount Workforce could . . . Subsequently, the supreme court reversed Liner 1, holding that section 448.24(l)(b) provided a single . . . Accordingly, we now affirm the trial court’s ruling that section 448.24(l)(b) is constitutional. . . . Section 448.24(l)(b) remained unchanged from 2000 until amended in chapter 2006-10, section 1, Laws of . . .

R. POLLARD, v. K. C. CROMWELL, INC., 18 So. 3d 975 (Fla. 2009)

. . . 974 So.2d 420 (Fla. 2d DCA 2007), in which the Second District Court of Appeal declared that section 448.24 . . .

LINER, v. WORKERS TEMPORARY STAFFING, INC., 990 So. 2d 473 (Fla. 2008)

. . . Ch. 2006-10, § 1, at 198, Laws of Fla; § 448.24(l)(b), Fla. Stat. (2006). ii. . . . General Framework for Section 448.24(l)(b) Liner asserts that section 448.24(l)(b) has both a subjective . . . The legislative history of section 448.24(l)(b) also supports this interpretation. . . . (l)(b): s. 448.24, F.S. . . . The staff analysis prepared on March 10, 1995, stated: s. 448.24, F.S. . . .

K. C. CROMWELL, INC. a K. C. a f k a d b a U. S. A. v. R. POLLARD,, 974 So. 2d 420 (Fla. Dist. Ct. App. 2007)

. . . damages awarded to Michael Pollard based on the circuit court’s determination that it violated section 448.24 . . . Pollard brought an action alleging that Workforce violated section 448.24(l)(b) which outlines the duties . . . It concluded that in order to comply with section 448.24(l)(b), $1 was the maximum amount Workforce could . . . appeal, Workforce asserts that the final judgment should be reversed because the version of section 448.24 . . . similar facts, the Fourth District Court of Appeal recently addressed the constitutionality of section 448.24 . . .

TAMPA SERVICE COMPANY, INC. d b a v. HARTIGAN,, 966 So. 2d 465 (Fla. Dist. Ct. App. 2007)

. . . alleging that appellant, a labor pool company, violated a provision of Florida’s Labor Pool Act, section 448.24 . . . Workers Temporary Staffing, Inc., 962 So.2d 344 (Fla. 4th DCA 2007), we determined that section 448.24 . . .

LINER, v. WORKERS TEMPORARY STAFFING, INC., 962 So. 2d 344 (Fla. Dist. Ct. App. 2007)

. . . We affirm the circuit court’s finding that section 448.24(1)(b) is unconstitutionally vague. . . . Section 448.24(1)(b), which is central to this appeal, limits the amount that a labor pool may charge . . . WTS counterclaimed for declaratory relief, contending that section 448.24(l)(b) was unconstitutional. . . . The circuit court held that section 448.24(1)(b) was unconstitutional under the Due Process Clause of . . . Section 448.24(l)(b) was amended in 2006 to state: (1) No labor pool shall charge a day laborer: (b) . . .

v. J. E. v., 43 T.C. 540 (T.C. 1965)

. . . stockholders through Pegram, Jr., reimburse HLB for stock transfer stamps: Federal_$365. 60 State _ 82. 64 $448.24 . . .

, 118 Ct. Cl. 625 (Ct. Cl. 1951)

. . . Austin, Deceased__ 448.24 49032 Joseph L. Buschman_ 348.06 49709 Paul C. . . .