Paid Sick Leave Ballot Initiative – Orange Co., Fla.
Recently in the Orlando, Florida area, a coalition of groups backed a 2012 ballot referendum in Orange County, Florida that would have provided that all employees of businesses with more than fifteen (15) employees the right to paid sick leave.
The proposed ordinance, which was to be voted up or down by Orange County, Florida voters, would provide that employees could earn paid sick leave at the rate of 1 hour of paid sick leave for every 37 hours worked. Paid sick leave would be capped at 56 hours per year, but would carry over from year to year. However, an employee would not be permitted to take more than 56 hours per year in paid sick leave. Additionally, there would be no right to “cash out” the earned sick leave.
Small businesses, those with less than fifteen (15) employees would not be required to provide paid sick leave, but the ballot initiative did provide that employees of these small business with the right to take up to 56 hours of unpaid leave without retaliation.
The Orange County, Florida area was targeted for this intiative due to the high numbers of low wage and part time employees that work in the many businesses that cater to the Orlando tourism industry.
Fight Over Ballot Measure
In September 2012, the Orange County commissioners voted that the ballot initiative could not appear on the November 2012 ballot because the proposed language was unclear and outside counsel would be required to edit the language before it could appear on the ballot.
Thereafter, a three-judge panel, in February 2013, ordered Orange County to put the earned sick leave referendum on the next ballot, ruling that the commission’s decision to keep it from voters on the November 6 ballot violated the “plain meaning of its charter.”
Governor Scott Issues a Preemptive Strike
On June 14, 2013, in response to the Orange County, Florida ballot initiative and similar efforts in Miami-Dade County, Gov. Scott signed House Bill 655 which prohibits political subdivisions from mandating an employer to provide any particular benefits, including, but not limited to paid sick leave. Additionally, HB 655 prohibits political subdivisions from requiring employers to provide any “employee benefit” which is defined as anything of value that an employee may receive in addition to wages or salary. And such benefits include, but are not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid or unpaid days off for holidays, vacation, and personal necessity; retirement benefits; and profit-sharing benefits.
A Heart Two Sizes Too Small
An estimated 40% of employees, primarily low wage employees, do not have paid sick leave benefits or paid time off. Paid sick leave is especially crucial for working mothers and fathers who may need to take time off to care for sick children. MomsRising, a grass roots organization focused on issues conerning moms and families, has targeted Gov. Scott on this issue with personal stories about balancing caring for sick kids and losing wages to do so.
Accordingly, in an effort to avoid the appearance of heartlessness, the bill includes a provision to set up an eleven (11) member task force to analyze employee benefits and the state’s preemption.
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Dori K. Stibolt is a senior associate with the law firm of Fox Rothschild LLP. Dori defends and counsels management in labor and employment litigation matters pertaining to wage and overtime claims, discrimination, harassment, retaliation, leave/restraint, and whistle-blower claims. You can contact Dori at 561-804-4417 or dstibolt@foxrothschild.com.