Miami-Dade Legislative Item
File Number: 112240
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File Number: 112240 File Type: Resolution Status: Adopted
Version: 0 Reference: R-935-11 Control: Board of County Commissioners
File Name: OPPOSE STATE LEGISLATION PREEMPT WAGE THEFT ORD Introduced: 10/21/2011
Requester: NONE Cost: Final Action: 11/3/2011
Agenda Date: 11/3/2011 Agenda Item Number: 11A5
Notes: Title: RESOLUTION OPPOSING STATE LEGISLATION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S WAGE THEFT ORDINANCE
Indexes: LEGISLATURE
Sponsors: Barbara J. Jordan, Prime Sponsor
  Jean Monestime, Co-Sponsor
  Dennis C. Moss, Co-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 11/3/2011 11A5 Adopted P

County Attorney 10/21/2011 Assigned Jess M. McCarty

Legislative Text


TITLE
RESOLUTION OPPOSING STATE LEGISLATION THAT WOULD PREEMPT MIAMI-DADE COUNTY’S WAGE THEFT ORDINANCE

BODY
WHEREAS, wage theft is when workers are paid below the minimum wage, not paid for overtime, forced to work off the clock, have their time cards altered, are misclassified as independent contractors, or are simply not paid a wage for work performed; and
WHEREAS, a 2010 report by the Research Institute on Social and Economic Policy for the Florida Wage Theft Task Force analyzed documented wage violations in Miami-Dade and Palm Beach Counties and found that from August, 2006 to August, 2010, there were 3,697 wage violations reported in the two counties worth about $3.6 million in unpaid wages; and
WHEREAS, in response to numerous instances of wage theft, this Board enacted Ordinance No. 10-16 on February 18, 2010 prohibiting wage theft and providing administrative procedures and private causes of action for wage theft; and
WHEREAS, Miami-Dade was the first county in the state to adopt a countywide wage theft law; and
WHEREAS, between the time of the ordinance’s passage and September, 2011, $382,965  in lost wages were recovered from employers for workers in Miami-Dade County through conciliation and an additional $415,323 in lost wages were awarded through the hearing examiner process; and
WHEREAS, during the 2011 session of the Florida Legislature, bills were filed that would have preempted wage theft ordinance, SB 982 by Senator Jim Norman (R – Tampa) and HB 241 by Representative Tom Goodson (R – Titusville); and
WHEREAS, HB 241 passed the full Florida House by a 87-25, but died in messages when the Senate did not take up the bill; and
WHEREAS, SB 982 died on second reading on the floor of the Senate; and
WHEREAS, it is likely that bills preempting wage theft ordinances will be filed for consideration during the 2012 session; and
WHEREAS, this Board desires to express its opposition to these bills,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Opposes State legislation that would preempt Miami-Dade County’s wage theft ordinance.
Section 2. Directs the Clerk of the Board to transmit certified copies of the resolution to the Governor, Senate President, House Speaker, the Chair and Members of the Miami-Dade State Legislative Delegation, Senator Jim Norman and Representative Tom Goodson.
Section 3. Directs the County’s state lobbyists to advocate against the legislation identified in Section 1 above, and directs the Office of Intergovernmental Affairs to amend the 2012 state legislative package to include this item.



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