By David L. Snelling

Miami – Florida employees can waive their right to receive less than minimum wage if they agree to enter job-based learning programs under a controversial proposed bill.

Senate Bill 676 would exempt certain employers from paying minimum wage, but their employers first must voluntarily give up their right to take home less pay if they agree to participate in structured work-study, internship, pre-apprenticeship, apprenticeship programs, or similar work-based learning opportunities.

Employees under the age of 18 need their parents’ consent to waive their right to receive minimum wages.

Fort Myers Republican Sen. Jonathan Martin filed the bill which left critics scratching their heads over an employee volunteering to take home less pay.

They also said companies may abuse the law if it goes into effect.

A Florida Constitutional amendment currently sets minimum wage at $13.00 and increases by one dollar each year until it reaches $15.00 on September 30, 2026.

“Because the minimum wage was so high I saw a lot of young students, teenagers missing out on opportunities like we had,” Martin said during a hearing.

When asked to explain why anyone would want to take less than minimum wage, Martin compared his bill to people studying trades in learning institutions without being paid a salary.

He said they would have to take out loans and seek other financial aid for school while not earning any money. “This gives an individual the freedom to be at employer’s place of business, and say ‘hey, I’m willing to sweep floors and learn the job, I’m willing to be a hand while you’re working on engines and hold a flashlight for you, I’m willing to learn your business in exchange for experience and skills they could then transfer into the workplace,” Martin said.

The bill passed 4-3 on a party line vote with Democrats not fully understanding Martin’s position.

They said employers could abuse the law by labeling all entry-level jobs as “apprenticeships” or “internships.”

“How do we stop companies from exploiting this particular idea?” said Sen. Tracie Davis, D-Jacksonville.

She cited grocery baggers at Publix as an example of those who could be exploited.

Martin responded: “If we think that $13 an hour is what a bag boy at a grocery store should be making in rural Florida, I think we have a misconception of what’s reasonable or we’re not relating it to the costs of goods and services anymore.”

Some Republicans supported the bill despite expressing some concerns.

“I think it’s a slippery slope, I think it’s admirable to try to set up a situation to where people that are under the age of 18 for these work-studies and apprenticeships that they can do that, and the companies are willing to hire more of these people, but I think it’s tough,” said state Rep. Joe Gruters (R-Sarasota).

According to the Fair Labor Standards Act, states were prohibited from paying less than $7.25 an hour to nonexempt employees as of 2009.

The FLSA includes several exemptions from the federal minimum wage that are not legally required to be paid the minimum hourly wage. Employers are able to pay subminimum wages for certain classes of workers under the FLSA.

This includes, but is not limited to youth employees under 20 for their first 90 days of employment, student employees who receive a special certificate from the Department of Labor to work part-time in a vocational training program, full time students with a special certification who are employed in retail/service establishments, agricultural occupations, institutes of higher education, individuals with disabilities who have an impaired earning capacity due to their disability, and employees who receive tips as part of their job.