Will employees waive their right to minimum wage?

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A bill making its way through the Florida Legislature could allow employees to opt out of receiving the state’s minimum wage, raising concerns about worker protections while also gaining support from those who believe it could increase job opportunities.

Since passing Amendment 2 of the Florida Minimum Wage Act in 2020, minimum wage has gradually increased by one dollar every year. However, Senate Bill 676, introduced by Sen. Jonathan Martin, R-Fort Myers, suggests amendments to the Florida Minimum Wage Act that would allow employees in work-study programs, internships, apprenticeships and similar opportunities to waive their right to the minimum wage. 

“An employee may opt out of receiving the minimum wage by signing a waiver of his or her right to the minimum wage established under this section. The waiver must state that the employee acknowledges his or her right to the state minimum wage,” reads the bill on the Florida Senate website. 

The bill has gained traction in the Legislature this month, as the Governmental Oversight and Accountability and the Commerce and Tourism committees  approved substitutes to the measure. 

Today, the debate continues between those who believe the bill will be detrimental for students and those who believe it is beneficial. One potential benefit of SB 676 could be that students and trainees might find more flexibility to gain experience, even in cases where employers cannot afford to pay the minimum wage. 

Tamara Taylor, the director of FAMU’s Career and Professional Development Center, emphasized the importance of internships and work-study for helping students to jumpstart their careers, but acknowledged the financial realities they face. 

“I would never tell a student that they should pass up on an opportunity for an internship. It’s all about what’s the best option and opportunity for them,” Taylor said. “The most important thing for students is gaining that professional experience and making connections that will help them long-term. But at the same time, we do know that many students have financial responsibilities.”

Opponents of the measure worry that it could lead to the exploitation of young workers and weaken wage protections. Allowing such waivers could set a precedent for employers to sidestep a fair compensation standard. 

With students being among those who could be most affected by the bill, many wonder how they would respond if the legislation is passed. While it could potentially open the door for more opportunities, students still face financial responsibilities such as bills and tuition that could be harder to fulfill with lower wages. 

Several students, such as James Mauch, see benefits in the bill. Mauch, a third-year economics student at Florida State University, sees the bill as fair and potentially a great chance for opportunities. He said he’s also concerned that companies may take advantage of the system.

“The only concern that I would have is companies potentially trying to take advantage of that system just to cut cost in anyway that that can, but as long as the bill has checks in it to ensure that companies that want to use the waiver don’t abuse it, I think it could be a good idea just because of the opportunities,” Mauch said. “I think that a lot of students would be happy enough with just having the work experience and don’t care as much about the financial aspects.” 

As of today, the bill is under review by the  Senate’s Rules Committee.