What The Hell America!

The Florida legislature is rapidly advancing a suite of bills allowing employers to underpay sub-minimum-wage workers — including children.

One measure proposes undoing key child labor restrictions, like rules regulating maximum hours per week, banning overnight shifts, and guaranteeing teens get meal breaks. Another bill would permit employers to misclassify full-time workers as interns and apprentices to circumvent the state’s new minimum wage law.

Both bills are part of the business lobby’s long war to decimate labor rights in the state; proponents are citing ongoing labor market disruptions caused in part by the Trump administration’s mass deportation program.

In 2020, a supermajority of Floridians voted to pass a ballot initiative to raise the state’s minimum wage from $8.56 to $15 an hour by 2026. But business interests have tried to stop that law from ever fully going into effect. Last year, the legislature passed a carve out for minor league baseball players, and this year, the business community is coming back with a more sweeping overhaul. The new bill exempts interns, apprentices, and work-study programs from the new wage standards, despite the fact that a minimum wage is supposed to raise the floor for the lowest-paid segments of the labor force.

Critics of the legislation point out that the bill text does not define any criteria for what differentiates an employee from an intern or apprentice. Without clear guardrails, employers could use this exemption to underpay just about any entry-level position that requires some training. All they’d need to do is require the employee to sign a form waiving their right to the state minimum wage.

In a committee hearing earlier this month, the bill’s sponsor, state representative Ryan Chamberlin (R-Belleview), acknowledged that retailers like Target may exploit these loopholes as written. “It’s certainly not intended for Target to be able to do that,” he said in response to a Democratic lawmaker’s concerns, without denying that it’s a possibility.

Meanwhile critics argue that the legislation is patently unconstitutional and suspect that it’s meant to push for a ruling from the state’s high court, which is stacked with loyalists of Gov. Ron DeSantis (R), who has opposed the minimum wage law. With a favorable ruling, business groups could weaken the law and undermine a guaranteed state minimum wage.