Florida Bill Allows Some Workers to Earn Below Minimum Wage

Workers participating in internship or pre-apprenticeship programs in Florida may soon earn less than the state’s minimum wage, following the approval of a controversial bill by the Florida House. On January 28, 2024, House Bill 221 (HB 221) passed through its first committee with a vote of 10-6, largely along party lines.

The bill, sponsored by Rep. Ryan Chamberlin, a Republican from Belleview, would allow workers to waive their right to the state minimum wage, which is currently set at $14 per hour. Chamberlin argued that the legislation aims to create more opportunities for young people to gain work experience and learn valuable trades. He emphasized, “This is not cutting the minimum wage in Florida. It opens up unique opportunities that don’t exist.”

Despite these assertions, opposition from Democrats was swift. Rep. Angie Nixon, a Democrat from Jacksonville, criticized the bill, stating, “This isn’t about creating opportunities; this is about pushing people into poverty.” Many Democrats raised concerns over the rising cost of living, arguing that even those earning minimum wage struggle to afford basic necessities such as rent and groceries.

The passage of HB 221 was not without adjustments. Chamberlin and the committee amended the bill to establish hard limits on how long companies can employ individuals under this program—up to 252 days for adults and 126 days for workers under the age of 18. Additionally, parents would need to sign waivers for minor workers.

Chamberlin also clarified that the bill would not override the federal minimum wage, which currently stands at $7.25 per hour. Still, these provisions did not assuage the concerns of Democrats and union representatives who voiced their opposition during the committee hearing. They questioned the constitutionality of the bill, particularly given that Florida voters approved a measure in 2020 to gradually increase the minimum wage by $1 annually until it reaches $15 on October 1, 2026. This ballot measure garnered 61% of the vote, surpassing the 60% threshold required for passage.

Chamberlin contended that citizens have the right to waive other constitutional rights and expressed confidence that the bill would hold up in court. However, Rep. Anna Eskamani, a Democrat from Orlando, raised concerns that the bill could undermine the existing minimum wage laws.

While supporters maintain that the bill offers additional options for young workers, critics argue that it could lead to a decline in wages across the board. Chamberlin maintained, “If someone doesn’t want a training-based position, they shouldn’t take it. There’s plenty of jobs out there that will pay more.”

As it stands, the bill will undergo further scrutiny with two additional committee hearings scheduled in the House. Meanwhile, the Senate version of the bill, SB 1412, has yet to receive a hearing.

For more detailed coverage, Gray Rohrer, a reporter with the USA TODAY Network-Florida Capital Bureau, can be reached at [email protected] or followed on X at @GrayRohrer.