MONDAY MORNING MINUTE: March 18, 2019

Monday Morning Minute

In This Issue

Arizona Bill Would Allow Employers to Pay Less than Minimum Wage to Students

Florida Considers Illinois Style BIPA Statute

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March 18, 2019

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ARIZONA BILL WOULD ALLOW EMPLOYERS TO PAY STUDENTS LESS THAN MINIMUM WAGE

HB 2523 (Found Here) is a controversial new bill that would allow employers to pay less than the state's current minimum wage of $11.00 per hour to full time students younger than 22 working 20 hours or less per week.

The bill sponsored by State Rep. Travis Grantham passed the House by a vote of 31-29. While the bill passed the House in February, there is a hold up in the Senate. Republican State Senator Michelle Ugenti-Rita, who chairs the Senate Commerce Committee, elected not to bring HB 2523 up during a meeting of her committee on Thursday, March 14.

Among many questions regarding the fate of this bill is whether it violates an Arizona law designed to protect the wishes of voters (remember that the minimum wage in Arizona was set by voter referendum and this law is seen as an "end around" such voter referendum on the state's minimum wage).

If you have any questions about this or any labor and employment topic, contact any Spognardi Baiocchi attorney of your choice.

FLORIDA COSIDERS ILLINOIS-STYLE BIPA STATUTE

The Florida Legislature is considering a biometric information privacy law, based on Illinois' Biometric Information Privacy Act. The law would create a private right of action against any "private entity" who fails to follow the laws provisions. The proposed legislation establishes requirements and restrictions on private entities as to the use, collection, storage, and maintenance of biometric identifiers and biometric information. The legislation provides minimum statutory damages for negligent violations of $1,000, and a minimum of $5,000 for reckless, or intentional violations of the statute.

Recently, the state's Supreme Court also held that actual harm is not required to bring a claim for statutory damages under the Illinois Act. The Illinois BIPA has spawned numerous class action lawsuits against entities using biometric information for, inter alia, time keeping and tracking and security.

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With over 50 combined years of experience among its 2 founding partners in these areas, we can assist businesses in developing custom solutions to today's tough issues. And as litigators, who combined have over thousands of trials "under their belts" before state and federal courts as well as administrative agencies (such as the NLRB) you will find no better advocate and partner.

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