Legislative Matter

Miami-Dade Legislative Item
File Number: 100757

Printable PDF Format

Clerk's Official Copy

File Number: 100757

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 10-37

Control: Board of County Commissioners

File Name: PROHIBITS WAGE THEFT TO CLARIFY TIME FOR PAYMENT PROVISION

Introduced: 3/24/2010

Requester: NONE

Cost:

Final Action: 6/3/2010

Agenda Date: 6/3/2010

Agenda Item Number: 7E

Notes:

Title:

ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA THAT PROHIBITS WAGE THEFT TO CLARIFY REASONABLE TIME FOR PAYMENT PROVISION; PROVIDING INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

WAGES

Sponsors:	Natacha Seijas, Prime Sponsor
	Jose "Pepe" Diaz, Co-Sponsor
	Dorrin D. Rolle, Co-Sponsor
	Audrey M. Edmonson, Prime Sponsor
	Sally A. Heyman, Prime Sponsor
	Barbara J. Jordan, Prime 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	6/3/2010	7E	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Upon being recognized by Vice Chairman Diaz, Commissioner Seijas noted it had been necessary to draft the foregoing legislation due to the manner in which payroll procedures had been designed in certain places of business. Commissioners Edmonson, Heyman, and Jordan asked to be added as co-sponsors. Hearing no further questions or comments, the Board proceeded to vote on the foregoing ordinance as presented.

Government Operations Committee	5/11/2010	1G1	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairman Gimenez opened the public hearing; however, he closed it after no one responded to his call for persons wishing to be heard in connection with this ordinance. In response to Commissioner Martinez’ inquiry concerning whether this ordinance was more helpful to private businesses than the original ordinance, Assistant County Attorney Bonzon-Keenan noted to the extent the employer had established a pay period, this would give some relief to the employer. Commissioner Diaz noted this ordinance would correct the payment provision in the original ordinance by allowing a reasonable time (more time) for the employer to pay. In response to Chairman Gimenez’ inquiry regarding how many complaints the County had received since this legislation was implemented, and how many complaints had gone to a hearing, Ms. Penny Townsley, Director, Department of Small Business Development (DSBD), noted DSBD had received nine (9) complaints, of which five (5) were for unpaid wages prior to adoption of the ordinance, and none had gone to a hearing. She noted the implementing order still needed to be approved by the Commission. Responding further to Chairman Gimenez’ inquiries, Ms. Townsley noted the County did not have jurisdiction over the five complaints for unpaid wages, and the status of the remaining four was pending information. Chairman Gimenez asked Ms. Townsley to monitor and document complaints received regarding unpaid wages and to determine whether other legal means were available at the State and federal levels for individuals to voice their complaints. Following Commissioner Diaz’ request to be listed as a co-sponsor to this ordinance, and his question regarding how many businesses in the County would be affected by this legislation, Ms. Townsley noted she did not have that information at hand, but the number was significant. She added that this legislation would impact those businesses that typically did not fall under the Department of Labor’s jurisdiction. Commissioner Diaz reiterated the intent of this ordinance was to correct the payment provision and allow a longer time period for making payments. Chairman Gimenez noted he had no problems with this legislation, but wanted to know the impact of the first ordinance on the County; and if other avenues existed, he wanted the number of complaints to be tracked that had gone to the County, the federal government or Small Claims Court. Hearing no further comments or questions, the Committee proceeded to vote on this ordinance, as presented.

Board of County Commissioners	4/6/2010	4G	Adopted on first reading		5/11/2010		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Government Operations Committee (GOC) on Tuesday, May 11, 2010 at 9:30 a.m.

Board of County Commissioners	4/6/2010		Tentatively scheduled for a public hearing	Government Operations Committee	5/11/2010

County Attorney	3/24/2010		Assigned	Eric A. Rodriguez

County Attorney	3/24/2010		Referred	Government Operations Committee	5/11/2010

Legislative Text

TITLE
ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA THAT PROHIBITS WAGE THEFT TO CLARIFY REASONABLE TIME FOR PAYMENT PROVISION; PROVIDING INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMIDADE COUNTY, FLORIDA:

Section 1. Chapter 22, Sections 1-10 of the Code of Miami-Dade County, Florida, is hereby amended as follows:1
CHAPTER 22 - WAGE THEFT

* * *

Sec. 22-2. Definitions.

* * *

(f) Reasonable time shall be presumed to be no later than fourteen calendar days from the date on which the work is performed [but may be modified for a period not to exceed thirty days by an express agreement between the employer and the employee which has been reduced to writing and signed by the employee.] >>unless the employer has established, by policy or practice, a pay schedule whereby employees earn and are consistently paid wages according to regularly recurring pay periods in which case such pay schedule shall govern.<<

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.