On July 1, 2024, House Bill 433 became effective. The law basically prohibits Florida local governments from regulating private employers in three areas: (1) wage and employment benefits; (2) heat exposure regulations; and (3) predictive scheduling. The bill preempts local ordinances that exceed or conflict with state and federal regulations in these areas.
1️⃣ Wage and Employment Benefits
House Bill 433 restricts local governments from regulating the wages and employment benefits offered by private employers. For over a decade, Florida’s state legislature has prohibited local governments from setting minimum wages or benefits beyond those mandated by state or federal law. The new bill reinforces this prohibition and extends it to include employers that contract with local governments.
Prior to this new law, certain counties, like Alachua, Broward, and Miami-Dade, had enacted local ordinances imposing higher minimum wages and additional benefits for contractors. House Bill 433 nullifies these local ordinances, preventing local governments from dictating the terms of employment or offering preferential treatment based on wage and benefit levels.
2️⃣ Heat Exposure Regulations
House Bill 433 prevents counties and municipalities from imposing heat exposure regulations that go beyond federal or state requirements. This decision stems from a proposed ordinance in Miami-Dade County, which sought to enforce specific heat exposure measures, such as providing water, shaded breaks, and heat-related training for employees. Non-compliance with this ordinance would have resulted in a $2,000 daily fine. The ordinance is now unenforceable.
Currently, there are no specific state or federal heat exposure standards. However, on July 2, the Occupational Safety and Health Administration (OSHA) introduced a proposed rule aimed at regulating heat-related injuries and illnesses at workplaces. This rule, if finalized, will provide comprehensive guidelines but will not be in effect before the November elections.
Until the OSHA rule is finalized, employers are still required under general OSHA standards to ensure a workplace free from recognized hazards that could cause serious harm or death, which could include extreme heat. Florida employers should therefore continue to assess and mitigate heat-related risks in their workplaces.
3️⃣ Predictive Scheduling
The bill prohibits local governments from implementing predictive scheduling laws, which are designed to ensure fairer scheduling practices. Such laws typically require employers to provide advance notice of work schedules, offer employees the first opportunity for additional shifts, and avoid scheduling practices like back-to-back shifts.
Under House Bill 433, local authorities cannot enforce regulations related to predictive scheduling or any other laws governing the scheduling practices of private employers.
As of July 1, 2024, Florida employers must comply with state and federal regulations rather than local ordinances concerning heat exposure, wages and benefits, and work scheduling. This shift aims to standardize regulations across the state and limit the variability introduced by local laws.