Broward County Ordinance 2012-32, relating to wage recovery, as codified in Chapter 20 ½ -1 through 20 ½ -9, of the Broward County Code, takes effect on January 2, 2013. The ordinance provides a way for employees of any organization in Broward County (except for 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 by a County hearing officer for non-payment of earned wages.
If you have performed work in Broward County and your employer either failed to pay or underpaid the wage rate applicable for the work you performed, review the Notice to Employees regarding wage recovery in Broward County, and if appropriate, proceed to file a complaint with the Broward County Office of Intergovernmental Affairs and Professional Standards to recover your earned wages.
If you have performed work in Broward County and believe that your employer has failed to pay or underpaid the wage rate applicable for the work performed, the following steps should be taken:
- 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.
- Fifteen days after providing notice to the employer, the employee can file a complaint with the Broward County Office of Intergovernmental Affairs and Professional Standards (OIAPS) to recover earned wages. Broward County OIAPS then notifies the employer they must conciliate the complaint within 30 days, or the complaint will be heard by a County Hearing Officer.
- At the conclusion of any hearing, the County 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 three 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, contact the Office of Intergovernmental Affairs and Professional Standards at 954-357-7575.