Legislative Matter

Miami-Dade Legislative Item
File Number: 162964

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File Number: 162964

File Type: Ordinance

Status: Amended

Version: 0

Reference:

Control: Board of County Commissioners

File Name: PROHIBITS WAGE THEFT TO ENHANCE PENALTIES FOR FAILURE

Introduced: 12/30/2016

Requester: NONE

Cost:

Final Action:

Agenda Date: 3/7/2017

Agenda Item Number: 7A

Notes:

SEE 170728 FOR FINAL VERSION AS ADOPTED.

Title:

ORDINANCE RELATING TO WAGE THEFT; AMENDING SECTION 22-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ENHANCING PENALTIES FOR FAILURE TO COMPLY WITH WAGE THEFT ORDERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

WAGE THEFT

Sponsors:	Jose "Pepe" Diaz, Prime Sponsor
	Daniella Levine Cava, Co-Sponsor
	Audrey M. Edmonson, Co-Sponsor
	Sally A. Heyman, Co-Sponsor
	Barbara J. Jordan, Co-Sponsor
	Jean Monestime, Co-Sponsor
	Sen. Javier D. Souto, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	3/7/2017	7A	Amended
REPORT:	See Agenda Item 7A Amended; Legislative File No. 170728.

Public Safety and Health Committee	2/15/2017	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Gerald Sanchez read the title of the foregoing proposed ordinance into the record. Chairwoman Heyman opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. Ms. Jeanette Smith, Executive Director of South Florida Interfaith Worker Justice 14539 SW 142ND Court Miami FL 33186 appeared before the Committee in support of the foregoing proposed ordinance. Ms. Smith commended and thanked the members for bring forth the foregoing ordinance. She said she was involved with wage theft for several years and would continue for the next 20 years. Ms. Smith noted the ordinance was very successful by setting the tone for 7 ordinances across the County. She said that she often consulted with communities across the Country about how the ordinance worked; such as Indianapolis and Oklahoma City who were looking into developing ordinances. She stated during the process she had learned that an ordinance would not be perfect the first time when presented; however, some time would be needed to observe how it would work to make the necessary adjustments. Ms. Smith expressed her appreciation to the Commissioners for considering the foregoing proposed ordinance when Commissioner Diaz had brought it forth and said she would be available in any way that she could help. There being no other persons wishing to appear before the Committee, the public hearing closed by Chairwoman Heyman. Commissioner Diaz thanked Ms. Smith for her involvement concerning wage theft. He indicated the proposed foregoing ordinance had taken some time before it was considered; nonetheless the Committee was now addressing the matter. Commissioner Diaz noted the proposed foregoing ordinance was incredibly important for the Community considering it was the first step taken in addressing the situation. He added the ordinance provided assessments for attorney’s fees for the cost of claimant for individual(s) who could not afford to hire an attorney. Commissioner Diaz added those individual(s) were taken advantage of by those who did not pay their salaries or wages. He said that it would be one of many steps moving forward; as it pertains to individuals who do not comply with the order to pay the wages due after 45 days. Commissioner Diaz added those individuals could pursue attorney fees in addition to obtaining the proper attorney to address the matter. He expressed his appreciation to the co-sponsors as the proposed foregoing ordinance was long overdue for the Community. Chairwoman Heyman and Commissioner Souto requested to be listed as co-sponsors on the proposed foregoing ordinance. Hearing no questions or comments, the Committee proceeded to vote of the foregoing proposed ordinance.

Board of County Commissioners	1/24/2017		Tentatively scheduled for a public hearing	Public Safety & Healthcare Admin Cmte	2/15/2017

Board of County Commissioners	1/24/2017	4A	Adopted on first reading		2/15/2017		P
REPORT:	County Attorney Abigail Price-Williams read into the record the title of the foregoing proposed ordinance. There being no comments or objections, the members of the Board proceeded to vote on this ordinance as presented. The foregoing proposed resolution was adopted on first reading and scheduled for a public hearing before the Public Safety and Health Committee (PSHC) on Wednesday, February 15, 2017, at 1:30 p.m.

County Attorney	12/30/2016		Assigned	Eric A. Rodriguez

County Attorney	12/30/2016		Referred	Public Safety & Healthcare Admin Cmte	2/15/2017

Legislative Text

TITLE
ORDINANCE RELATING TO WAGE THEFT; AMENDING SECTION 22-5 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; ENHANCING PENALTIES FOR FAILURE TO COMPLY WITH WAGE THEFT ORDERS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the victims of wage theft that have pursued the exclusive administrative process provided by Chapter 22 of the County Code to vindicate instances of wage theft may be unable to collect on those judgments from respondents who are unwilling to pay or are evading the judgments duly entered pursuant to the Chapter 22 hearing process; and
WHEREAS, the original intent of Chapter 22 was to provide for an exclusive administrative process that would result in final judgments that would be paid by respondents so that the wage theft victims would be made whole; and
WHEREAS, where victims of wage theft have complied with the County�s process and obtained a judgment, that judgment must be paid for the objectives of Chapter 22 to be fully realized; and
WHEREAS, adding an attorney�s fees and costs provision to Chapter 22 when a wage theft victim is further victimized by a respondent that does not pay a judgment, is a reasonable means to vindicate the objectives of Section 22 and is in the best interest of the public,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 22-5 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Section 22-5 . - Enforcement of wage theft violations.
(1) Order Issued. At the conclusion of a hearing and upon a finding of a wage violation, the Hearing Examiner shall issue a written order as follows:

(a) If the preponderance of the evidence demonstrates a wage theft violation, the Hearing Examiner shall order the employer to pay wage restitution to the affected employee in an amount equal to three times the amount of back wages that the respondent employer is found to have unlawfully failed to pay the complainant employee; this treble amount shall include the back wages in addition to liquidated damages as compensation for the economic losses suffered by reason of the employee not receiving their wage at the time it was due; and

(b) The County shall order the employer to pay to the Board of County Commissioners an assessment of costs in an amount not to exceed actual administrative processing costs and costs of the hearing.

(2) Failure to Comply with Initial Order. If the County finds that any respondent employer has failed to comply with the Hearing Examiner's order within forty-five (45) days after written notice from the County, the County shall issue a further written order on the respondent employer as follows:

(a) The County may, upon request of the respondent, grant the respondent an additional forty-five (45) days to comply with any portion of the order, unless such an extension has previously been granted; and

(b) The County shall order the employer, in addition to wage restitution ordered, to pay the prevailing complainant employee an amount equal to the applicable interest rate which accrues on the full amount of treble damages from the date upon which the finding of wage violation was made until the date upon which the amount is paid in full; and

(c) The County shall order the employer, in addition to assessment of costs ordered, to pay to the Board of County Commissioners an amount equal to the applicable interest rate which accrues on the assessment of costs from the date upon which the Hearing Examiner's order is issued until the date upon which the amount is paid in full.

>>(d) Respondents that fail to comply with and satisfy in full the obligations of an Initial Order within 45 days of its issuance or that fail to comply with and satisfy in full the obligations of any subsequent order, shall be liable for the assessment of reasonable attorney�s fees and costs incurred to collect any amounts under the Initial Order and any subsequent order upon a request for payment of such attorney�s fees and costs by a claimant pursuant to this Section.<<

* * *
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.