The Miami-Dade County Board of Commissioners recently passed the Miami-Dade Wage Theft Ordinance, which became effective March 1, 2010. The Ordinance applies to private employers with employees employed in Miami-Dade County, and seeks to prohibit “the underpayment or nonpayment of wages earned by persons working in the County.”
The Ordinance provides that covered employers must pay covered employees within a minimum of 14 calendar days from the date on which the work is performed. The employer can pay the employee later than 14 days (but not to exceed 30 days) upon an express written agreement signed by the employee. Failure to do so is considered “wage theft” under the Ordinance.
Employees subjected to wage theft may file a complaint with the County alleging a violation of the Ordinance. In addition, either party is entitled to a hearing before a Hearing Examiner appointed by the County. If, upon the conclusion of a hearing, the Hearing Examiner determines that the “preponderance of the evidence” demonstrates a wage violation has occurred, the employer will be liable for:
Employees also have the right at any time to stop the proceeding and file a civil action in state or federal court. It should also be noted that supervisors may also be individually liable for violations under the Ordinance.
It is therefore critical that employers in Miami-Dade County review their pay policies, as well as their exempt/non-exempt classifications to ensure that employees are receiving their proper pay at the proper time.
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