The purpose and effect of the proposed rule is to amend the requirements regarding employers’ response to the Department’s request for records.

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Child and Farm Labor Program

RULE NO.:RULE TITLE:

61L-2.008Response to Request for Inspection of Records

PURPOSE AND EFFECT: The purpose and effect of the proposed rule is to amend the requirements regarding employers’ response to the Department’s request for records.

SUMMARY: This amendment modifies the requirements regarding employers’ response to the Department’s request for records.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 450.121 FS.

LAW IMPLEMENTED: 450.121 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jamie E. Royal, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

61L-2.008 Response to Request for Inspection of Records.

(1) Employers shall provide the Department with any and all records and documentation required to be kept by or any such other records as may aid in the enforcement of the Child Labor Law or are required by these rules, or any other federal or state statute regulating employment of minors, immediately upon request for inspection of such records.

(2) Where records are kept in a location other than the immediate situs where the request to inspect is made, the employer shall immediately notify the Department, and shall produce the records within two (2) working ten days so that inspection of the records may take place. Records relating to proof of age, partial waiver, or work exemption documents must be produced within two business days.

(3) “Such other records as may aid in the enforcement of this law” include:

(a) The legal name of the business;

(b) The employer federal tax identification number (FEIN);

(c) Employment applications of minor employees;

(d) Description of job duties of minor employees;

(e) Records listing the names and dates of birth of every employee;

(f) Timesheets;

(g) Records relating to the times a minor employee clocked in and out at the beginning and end of each shift; and

(h) Records relating to any breaks taken by a minor employee off the clock.

(4) All documentation required to be kept by adult theaters must be produced immediately upon request or, if kept in a location other than the immediate situs where the request to inspect is made, the employer shall immediately notify the Department, and shall produce the records within one business day so that inspection of the records may take place.

Rulemaking Authority 450.121 FS. Law Implemented 450.121 FS. History–New 10-7-93, Formerly 38H-14.008, Amended_____.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: LeChea C. Parson-Underwood, Chief Attorney, Child and Farm Labor Program, Department of Business and Professional Regulation

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 1, 2015