Miami-Dade Legislative Item
File Number: 122492
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File Number: 122492 File Type: Resolution Status: Adopted
Version: 0 Reference: R-52-13 Control: Board of County Commissioners
File Name: STATEWIDE WAGE THEFT LAW Introduced: 12/18/2012
Requester: NONE Cost: Final Action: 1/23/2013
Agenda Date: 1/23/2013 Agenda Item Number: 11A12
Notes: Title: RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS DURING THE 2013 SESSION A STATEWIDE WAGE THEFT LAW MODELED AFTER THE MIAMI-DADE COUNTY WAGE THEFT ORDINANCE
Indexes: WAGE THEFT
Sponsors: Barbara J. Jordan, Prime Sponsor
  Sally A. Heyman, 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 1/23/2013 11A12 Adopted P

County Attorney 12/18/2012 Assigned Jess M. McCarty 12/20/2012

Legislative Text


TITLE
RESOLUTION URGING THE FLORIDA LEGISLATURE TO PASS DURING THE 2013 SESSION A STATEWIDE WAGE THEFT LAW MODELED AFTER THE MIAMI-DADE COUNTY 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 an 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 30, 2012, there were a total of 1,986 wage complaints, claims or inquiries logged, resulting in a total of $1,264,948 awarded to claimants; and
WHEREAS, on March 23, 2012, a Miami-Dade County circuit court ruled against a challenge to the Miami-Dade County wage theft ordinance, holding that Miami-Dade's ordinance is a "reasonable exercise of governmental authority" and a "proper exercise of its police powers," which are guaranteed under the county's Home Rule Charter; and
WHEREAS, in October, 2012, the Broward County Commission became the second county in Florida to enact a wage theft ordinance; and
WHEREAS, wage theft is a problem not limited to Miami-Dade and Broward Counties and occurs across the State of Florida; and
WHEREAS, this Board would encourage the Florida Legislature to pass a statewide wage theft law based on the model of the Miami-Dade County wage theft ordinance,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board:
Section 1. Urges the Florida Legislature to pass during the 2013 session a statewide wage theft law modeled the Miami-Dade County 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 and the Chair and Members of the Miami-Dade State Legislative Delegation and the Mayor and Members of the Broward County Board of County Commissioners.
Section 3. Directs the County�s state lobbyists to advocate for the issue identified in Section 1 above, and directs the Office of Intergovernmental Affairs to include amend the 2013 state legislative package to include this item.




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