DATE: December 31, 2012
CONTACT: Edward Labrador, Director
Office of Intergovernmental Affairs and Professional Standards
Broward County Ordinance 2012-32, relating to Wage Recovery, goes into effect Wednesday, January 2, 2013. The ordinance, as codified in Chapter 20 ½ -1 through 20 ½ -9 of the Broward County Code, was approved by the Broward County Commission on October 23, 2012, and provides a way for employees of any organization in Broward County (except those exempted by the Ordinance, including the Federal Government, the State of Florida and Indian Tribes) to file a complaint and receive an administrative hearing for non-payment of earned wages.
Section 20 ½-7 of the new ordinance provides that all Broward County employers must post a Notice to Employees regarding wage recovery in locations where important employee information is posted or disseminated. (Copy of notice attached)
If an employee has performed work in Broward County and they believe that their employer has failed to pay or underpaid the wage rate applicable for the work performed, the following steps should be taken:
1) Notify the employer in writing within 60 days after wages were due to be paid, that the employer has not paid the wages earned for work performed. The written notice must include the amount of wages that were not paid or underpaid that the employee is entitled to, the actual or estimated work dates and hours for which the employee seeks payment, and the total amount of unpaid or underpaid wages owed through the date of the written notice.
2) If the employer fails to pay all the earned, but unpaid wages, within 15 days after receiving the written notice, the employee can file a complaint with the Broward County Office of Intergovernmental Affairs and Professional Standards (OIAPS) to recover the earned wages. Broward County OIAPS then notifies the employer they must conciliate the complaint within 30 days, or the complaint will be decided by a Hearing Officer.
3) At the conclusion of any hearing, the Hearing Officer issues a final written order establishing whether or not there has been a wage violation. If the hearing officer establishes that there has been a violation, the written order will require the employer to pay wage restitution to the affected employee in an amount equal to two times the amount of back wages that the employer is found to have unlawfully failed to pay, reimburse the employee for any reasonable costs and attorney fees and pay an assessment to the Board of County Commissioners in an amount not to exceed administrative processing costs and the cost of the hearing.
For more information, visit broward.org/ReportAComplaint.