Should employers be allowed to pay interns and apprentices below minimum wage?

The House Industries & Professional Activities Subcommittee thinks so. The panel advanced a bill (HB 541) with a 10-5 vote as the Republican sponsor, Rep. Ryan Chamberlin, argued his proposal gives more opportunities to young people breaking into ceratin industries, citing horse trainers near his home by Ocala as an example.

The measure would let employees voluntarily opt out of minimum wage if they are involved in internships, work-study programs, pre-apprenticeships or apprenticeships.

“An unintended consequence of Florida’s constitutional minimum wage is that it cripples an employer’s ability to provide more opportunities for unskilled workers in the areas of apprenticeship and education,” Chamberlin said. “This is having a huge impact on our young people and those seeking retraining and other more profitable fields of work.”

Meanwhile, Democrats and advocates slammed Chamberlin’s proposal and raised fears the bill would be exploited by employers taking advantage by labeling jobs as internships to underpay workers or pressuring employees to sign waivers opting out of minimum wage.

Chamberlin acknowledged a big-box retailer like Target could conceivably create internships or apprenticeships to pay less than minimum wage.

“It’s certainly not intended for Target to be able to do that, and I’m not sure it would fly very well since there’s so many jobs out there that pay minimum wage or higher,” he said, defending his bill.

Democrats were also wary that the bill might be the start of a legal challenge against the constitutional amendment approved in 2020 raising the state’s minimum pay to $15 an hour by 2026. A similar bill (SB 676) is advancing in the Senate.

“Rep. Chamberlin, do you feel your bill is actually overriding the will of the over 60% of Floridians who voted to decide that folks should have a $15 minimum wage,” Rep. Angie Nixon, a Democrat, asked him during the one-hour debate.

“Absolutely not because I’m not eliminating the minimum wage in this bill,” he answered.

Republican Rep. Brad Yeager jumped into the debate and said many interns are already unpaid.

“You just gave some additional reasons to do this,” Chamberlin told him. “This bill does even nudge more towards some of that being paid where in the past it may not have been paid at all.”

Multiple attendees spoke out against the bill.

Karen Woodall, Executive Director of the Florida Center for Fiscal and Economic Policy, argued that the bill appeared to be unconstitutional. 

Florida AFL-CIO Director of Politics and Public Policy Rich Templin said the bill was too broad and brought up the holes.

“Can a minor sign the waiver? Will private employers be able to set up these programs on their own, or will they have to be administered through an educational institution?” Templin said. “What is the return for agreeing to sign this waiver? What will the employee or the student get in return for a lower wage?”

The bill’s next stop is the House Careers & Workforce Subcommittee. It then heads to the Commerce Committee.

If passed, the minimum wage change would take effect July 1.

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The House Industries and Professional Activities Subcommittee temporarily postponed a bill that seeks to introduce warning labels on food products that contain synthetic dyes.

Lake Clarke Shores Democratic Rep. Debra Tendrich filed the measure (HB 641). She detailed how the health of Floridians, particularly children, are negatively impacted from ingredients that are added into food and drinks.

“Basically, my bill just requires warning labels in the front of food packages and drink packages that have synthetic dyes,” Tendrich explained. “This bill is about protecting consumers, especially our children, by requiring the warning labels. This is about awareness, transparency and, most importantly, public health.”

Tendrich noted that over 100,000 children in Florida had been diagnosed with attention deficit disorder or attention deficit hyperactivity disorder, according to state statistics.

“Let’s talk about Florida’s children. According to the Florida Department of Health in 2022, about 13.6% of children ages 3 to 17 in Florida have been diagnosed with ADD or ADHD. That’s 3.1% higher than the national average of the United States,” Tendrich said.

“That 3.1% is actually equivalent to 130,000 children. … That’s 571 children actively diagnosed with ADHD, and one of the health outcomes from the synthetic dyes is behavior and neurological problems for kids, which includes ADHD and poor concentration and behavior.”

Stuart Republican Rep. Toby Overdorf asked what the costs would be associated with the bill, and whether Tendrich had made concessions to accommodate them.

Tendrich explained that the proposed legislation differs from other states aiming to completely ban food dyes and additives by focusing on less costly labeling requirements. Unlike the more expensive food policies being enacted in over 30 states, the bill includes a one-year delay before taking effect and allows additional years to implement a sticker option.

In January, the Food and Drug Administration banned the use of erythrosine, FD&C Red No. 3, or Red 3. The dye was removed from the list of approved color additives used in food, oral medicines and supplements. It was removed for use from cosmetics over 30 years ago due to lab tests showing the dye caused cancer in rats after they consumed it.

“If there’s any additional cost, it’s such a minute cost, but the actual biggest cost is the cost of our health care system, which if we don’t take this change is actually costing our health care system even more,” Tendrich noted.

The Florida Department of Agriculture and Consumer Services would be responsible for enforcing the food labeling if adopted into law. Tendrich said that currently the Department inspects food manufacturers every two years and pointed out that the Department would be able to include the new measure into current practice.

Tendrich stated that manufacturers would also be responsible for adding the appropriate labeling, regardless of where the food is manufactured to take the burden off small-business owners.

A title amendment was adopted Wednesday, which, according to House rules, left the committee unable to vote on it. The bill was temporarily postponed and could be heard again as early as next week.

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As a law enforcement officer, I spent my career protecting the public from various threats. Today, I feel compelled to address a growing danger many may not be aware of: the risks associated with compounded medicines.

While these drugs can serve important medical needs, they also pose significant dangers, including the potential for exposing the public to counterfeit medicines or counterfeit ingredients used to make compounded medicines.

Moreover, I heard that some in Congress want to allow Medicare to cover compounded medicines. Quite frankly, this is a terrible idea because it would exacerbate these risks, ultimately jeopardizing patient safety.

Compounded medicines are custom-made drugs prepared by compounding pharmacists to meet the specific needs of individual patients.

These medications are not FDA-approved, meaning they do not undergo the rigorous testing for safety, effectiveness, and quality that brand-name drugs do. While compounding can be beneficial for patients with unique needs like allergies, it also opens the door to significant risks to patient safety.

Due to the lack of oversight, poorly compounded medicines have resulted in severe adverse reactions and even death of patients. These non-FDA-approved drugs put patients at risk of contamination from unsanitary conditions, incorrect dosages, and substandard ingredients. Unfortunately, we saw this tragically play out in 2012 when a fungal meningitis outbreak linked to contaminated steroid injections from a compounding pharmacy caused more than 60 deaths and hundreds of illnesses.

And in 2019, patients suffered eye injuries from non-sterile compounded eye injections made in a Florida outsourcing facility.

The lack of regulation and oversight also creates opportunities for counterfeit medicines to enter the market. Counterfeit drugs, which can be harmful or deadly, may contain incorrect ingredients, improper dosages, or harmful substances. The FDA has issued numerous warnings about counterfeit and poorly compounded drugs, including those for popular medications like semaglutide and tirzepatide.

We have seen for years the toll counterfeit opioid pills made with fentanyl have had on our communities. Opening the door to more counterfeit drugs in our communities is not the answer.

I witnessed the devastating effects of counterfeit drugs throughout my years in law enforcement. During my tenure, I was involved in several investigations to seize counterfeit drugs manufactured in unsanitary conditions and distributed through illegal channels run by organized crime syndicates that are driven solely by profits with no regard for the public’s health and safety.

Patients who unknowingly received these counterfeit drugs experienced treatment failures, adverse reactions, or worsening medical conditions.

The proliferation of counterfeit drugs undermines trust in the healthcare system and puts countless lives at risk. Allowing Medicare to cover compounded medicines may seem like a way to increase access to treatments, but it would have unintended consequences.

By covering compounded drugs, Medicare would effectively endorse treatments that lack FDA approval and oversight, which could increase Florida seniors’ exposure to counterfeit, substandard or adulterated compounded drugs.

Furthermore, expanding Medicare coverage could strain the already limited resources of regulatory agencies like the FDA. With more compounded medicines on the market, the FDA would face greater challenges in monitoring and ensuring the safety of these drugs. This could result in more cases of contamination, incorrect dosages, and counterfeit medications slipping through the cracks.

Maintaining strict oversight of compounded medicines is crucial to protecting patient safety. Regulatory agencies must have the resources and authority to enforce high standards for compounding practices. Additionally, healthcare providers and patients should be educated about the risks associated with compounded drugs and encouraged to use FDA-approved drugs whenever possible.

While compounded medicines can serve important medical needs, they also pose significant threats we cannot ignore. Expanding Medicare coverage of compounded medicines would only exacerbate these dangers, putting patient safety at greater risk. As a retired law enforcement officer, I urge policymakers to prioritize patient safety and maintain strict oversight of compounded medicines. Our health and lives depend on it.

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Mark Baughman is a 35-year law enforcement veteran whose career in Florida included serving in the Drug Enforcement Administration.

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