STORAGE NAME: h6033.IPA
DATE: 3/24/2025
1
FLORIDA HOUSE OF REPRESENTATIVES
BILL ANALYSIS
This bill analysis was prepared by nonpartisan committee staff and does not constitute an official statement of legislative intent.
BILL #: HB 6033
TITLE: Labor Pool Act
SPONSOR(S): Abbott
COMPANION BILL: SB 1672 (Truenow)
LINKED BILLS: None
RELATED BILLS: None
Committee References
Industries & Professional
Activities
Civil Justice & Claims
Commerce
SUMMARY
Effect of the Bill:
The bill repeals Florida’s Labor Pool Act.
Fiscal or Economic Impact:
Indeterminate. The bill may have a positive economic impact on the private sector.
JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
ANALYSIS
EFFECT OF THE BILL:
The bill repeals Florida’s Labor Pool Act, which governs the day labor industry in the state. (Section 1)
The effective date of the bill is July 1, 2025. (Section 4)
FISCAL OR ECONOMIC IMPACT:
PRIVATE SECTOR:
Indeterminate. The bill may have a positive economic impact on the private sector to the extent there will be a
reduction in litigation expenses for labor pools due to the removal of the prohibitions and remedies for violations
under the Labor Pool Act.
RELEVANT INFORMATION
SUBJECT OVERVIEW:
Labor Pool Act
Part II of ch. 448, F.S., also known as the Labor Pool Act (Act),
1 provides for the health, safety, and well-being of day
laborers throughout the state and to outlines uniform standards of conduct and practice for labor pools. The Act
defines “labor pool” as a business entity that operates a labor hall
2 by one or more of the following methods:
3
Contracting with third-party users to supply day laborers on a temporary basis;
1 Ch. 95-332, L.O.F.
2 S. 448.22(3), F.S., defines a “labor hall” as a central location maintained by a labor pool where day laborers assemble and are dispatched to
work for a third-party user.
3 S. 448.22(1), F.S. The act also specifically excludes certain businesses from its provisions: businesses registered as farm labor contractors;
employee leasing companies; temporary help services that solely provide white collar employees, secretarial employees, clerical employees,
or skilled laborers; labor union hiring halls; or labor bureau or employment offices operated by a business entity for the sole purpose of
employing an individual for its own use. See s. 448.23, F.S. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
2
Hiring, employing, recruiting, or contracting with workers to fulfill contracts for temporary labor; or
Fulfilling any contracts for day labor in accordance with the Act, even if the entity also conducts other
business.
Exceptions
The Act does not apply to the following types of businesses:
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Business entities duly registered as farm labor contractors pursuant to part III of chapter 450;
Employee leasing companies, as defined in s. 468.520;
Temporary help services engaged in supplying solely white collar employees, secretarial employees,
clerical employees, or skilled laborers;
Labor union hiring halls; or
Labor bureau or employment offices operated by a business entity for the sole purpose of employing an
individual for its own use.
Prohibitions
The Act prohibits labor pools from:
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Charging a day laborer:
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o For safety equipment, clothing, accessories, or any other items required by the nature of the work;
o More than a reasonable amount to transport a worker to or from the designated worksite; or
o For directly or indirectly cashing a worker’s check.
Requesting or requiring that any day laborer sign any document waiving statutory protections.
Charging more than the actual cost of providing lunch, if the labor pool provides lunch at the worksite.
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Restricting a day laborer’s right 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 a third-party user to offer employment to
an employee of the labor pool.
8
Requirements
The Act requires labor pools to:
If operating a labor hall, provide the following facilities for a worker waiting at the hall for a job
assignment:
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o Restroom facilities;
o Drinking water; and
o Sufficient seating.
Select one of the following methods to pay a day laborer for work performed:
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o Cash;
o Commonly accepted negotiable instruments that are payable in cash, on demand at a financial
institution, and without discount;
o Payroll debit card; or
o Electronic fund transfer.
Notify a day laborer of the payment method that the labor pool intends to use and the day laborer’s options
to elect a different payment method.
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If selecting to pay a day laborer by payroll debit card:
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o Offer the day laborer the option to elect payment by electronic fund transfer; and
4
s. 448.23, F.S.
5 S. 448.24(1), F.S.
6 “Day labor” means temporary labor or employment that is occasional or irregular for which the worker is employed for not longer than the
time period required to complete the temporary assignment for which the individual worker was hired, although an individual may be
eligible for additional temporary assignments when available. See s. 448.22(2), F.S.
7
S. 448.24(4), F.S.
8
S. 448.24(6), F.S.
9 S. 448.24(5), F.S.
10 S. 448.24(2), F.S.
11 Id.
12 Id. JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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o Provide the day laborer with a list, including the address, of a nearby business that does not charge
a fee to withdraw the debit card’s contents.
Compensate day laborers at or above the minimum wage.
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Comply with the Workers’ Compensation Law in ch. 440, F.S.
14
Insure any motor vehicle owned or operated by the labor pool and used for worker transportation.
15
Furnish each worker with a written itemized statement showing in detail each wage deduction.
Give each worker an annual earnings statement summary.
16
Remedies
Under the Act, any worker affected by a violation of the provisions relating to labor pool duties and obligations
may file a lawsuit against the labor pool. In any such lawsuit, the worker is required to give the labor pool a
reasonable opportunity to cure the alleged violation within 60 days. Workers are authorized to recover actual and
consequential damages, or $1,000, whichever is greater, for each violation, and costs. The legal remedy:
Must be filed within 1 year after the date the notice of an alleged violation is served; and
Is exclusive and prohibits the worker from pursuing any other available legal remedy.
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Fair Labor Standards Act
The federal Fair Labor Standards Act (FLSA), enacted in 1938, provides covered workers with minimum wage,
overtime pay, and child labor protections.
18 In 1938, the FLSA established a minimum wage of $.25 an hour. The
current federal minimum wage rate is $7.25 an hour, which went into effect July 24, 2009. The FLSA applies to
employment within any state in the U.S., the District of Columbia, or any territory or possession of the U.S.
19
The FLSA covers most private and public sector employees. However, certain employers and employees are
exempt from coverage, including individuals with disabilities, youth workers, tipped workers, and executive,
administrative, and professional workers. The FLSA covers businesses if the business has annual sales of at least
$500,000.
20 It also covers certain individual employees if such employee is engaged in interstate commerce.
The FLSA provides that if states enact worker protections, including minimum wage rates, that are more protective
of employees than what is provided by the FLSA, the state law applies.
21 Consequently, no state law may weaken
the worker protections in the FLSA. However, state laws that impose greater worker protections will supersede
those in the FLSA.
22
Thirty states plus Washington DC, Guam, Puerto Rico, and the Virgin Islands provide a minimum wage greater than
the federal minimum wage. Thirteen states provide a minimum wage that is equal to the federal minimum wage.
Five states have not adopted a minimum wage and two states have a minimum wage that is below the federal
minimum wage.
23 For those seven states, the federal minimum wage applies, but only to those workers covered by
the FLSA.
13 Id.
14 Id.
15 Id.
16 Id.
17 S. 448.25, F.S.
18
29 U.S.C. § 201-219 and 29 C.F.R. ch. V.
19
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview,
https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025). (The main FLSA provisions and accompanying
Department of Labor (DOL) regulations constitute what is commonly known as federal wage and hour laws and federal child labor
law.).
20
The size of an enterprise is measured by its “annual sales or business done.” Annual sales or business done includes all business
activities that can be measured in dollars. Thus, retailers are covered by the FLSA if their annual sales are at least $500,000. Owners
of rental properties are covered if they collect at least $500,000 annually in rent. 29 C.F.R.§§779.258-779.259.
21
29 U.S.C. §218.
22
Congressional Research Service, CRS Report R42713, The Fair Labor Standards Act (FLSA): An Overview, Updated March 8,
2023, https://crsreports.congress.gov/product/pdf/R/R42713, (last visited March 7, 2025).
23
U.S. Department of Labor, Consolidated Minimum Wage Table, https://www.dol.gov/agencies/whd/mw-consolidated (last visited
March 7, 2025). JUMP TO SUMMARY ANALYSIS RELEVANT INFORMATION BILL HISTORY
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The US Department of Labor, Wage and Hour Division provides the following information regarding the application
of the minimum wage, overtime pay and recordkeeping requirements of the FLSA to low-wage employees earning
wages by the day, commonly known as day laborers:
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Minimum Wage: FLSA covered employers must pay day laborers at least the applicable minimum wage for
all hours worked regardless of whether the worker is paid by the hour, the day, or at a piece rate. The
minimum wage for covered nonexempt employees is $7.25 an hour effective July 24, 2009. (Certain State
rates may be higher.)
Hours Worked: Employers must pay day laborers for all work performed whether or not the employer
approves the work in advance. In general, “hours worked” includes all time an employee must be on duty,
or at the place of work. Normally, time spent in training, traveling from site to site during the day and doing
repair work must be paid.
Overtime: Normally, employers must pay time and one-half of the worker’s regular rate of pay after 40
hours of work in a 7-day workweek.
Recordkeeping: Records must be kept by employers of all wages paid and of all hours worked, regardless
of where the work is performed. Workers should keep a record of their employer’s name, address, phone
number, the hours they worked, and any payments received.
RECENT LEGISLATION:
YEAR BILL # HOUSE SPONSOR(S) SENATE SPONSOR OTHER INFORMATION
2023 CS/HB 895 Basabe Perry The bill became law on July 1,
2023.
BILL HISTORY
COMMITTEE REFERENCE ACTION DATE
STAFF
DIRECTOR/
POLICY CHIEF
ANALYSIS
PREPARED BY
Industries & Professional Activities
Subcommittee
Anstead Thompson
Civil Justice & Claims
Subcommittee
Commerce Committee
24
US Department of Labor, Fact Sheet #61: Day Laborers Under the Fair Labor Standards Act (FLSA),
https://www.dol.gov/agencies/whd/fact-sheets/61-flsa-day-
laborers#:~:text=FLSA%20covered%20employers%20must%20pay,State%20rates%20may%20be%20higher .) (last visited
Mar. 21, 2025).