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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