Miami-Dade Wage Theft Ordinance Effective 3/1/10

March 15th, 2010 | By Jules Halpern Associates | Employer Liability, Florida Law, Wages and Hours

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:

  • Back pay
  • Liquidated damages of twice the amount an employer is found to have unlawfully failed to pay the employee
  • An assessment of costs in an amount not to exceed actual administrative processing costs and costs of the hearing.

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.

IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter that is contained in this document.

Jules Halpern Associates LLC

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Jules Halpern Associates LLC
JULES HALPERN ASSOCIATES LLC is a boutique law firm committed to serving our clients in all facets of their workplace issues. We provide personalized, practical advice that resonates with our clients’ business objectives.
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