Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 926 Ì699372CÎ699372 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/27/2014 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Delete lines 32 - 74 4 and insert: 5 (2) LOCAL ORDINANCES.—Upon the determination by a county 6 that a local solution to wage theft is necessary, the county 7 shall adopt a local ordinance that includes one of the following 8 processes: 9 (a) Legal services organization process.—The county may 10 partner with a local legal services organization for the purpose 11 of establishing a local process through which claims of wage 12 theft shall be addressed by the legal services organization. The 13 county may partner with a legal services organization located in 14 that county or in an adjoining county. 15 1. An individual who has experienced wage theft may contact 16 the legal services organization for assistance in recovering 17 wages. The legal services organization shall determine whether 18 the individual has a bona fide claim for unpaid wages. 19 2. The legal services organization shall notify the 20 employer and provide the employer with an opportunity to resolve 21 the matter of unpaid wages in the manner deemed most appropriate 22 to each claim. The notification may occur by telephone, written 23 correspondence, or any other means deemed appropriate by the 24 legal services organization. 25 3. The legal services organization shall work with the 26 employee and employer to resolve the issue informally but 27 expeditiously. The informal resolution may include obtaining 28 attorney fees and costs from the employer. 29 4. The legal services organization shall file court actions 30 as appropriate and refer unresolved claims to local pro bono or 31 other counsel for resolution. 32 5. The county shall establish a reporting mechanism through 33 which the county receives regular reports regarding the legal 34 services organization’s work on cases of wage theft. The county 35 may require periodic reports. 36 (b) Administrative process.—The county may establish an 37 administrative process that gives the parties involved the 38 opportunity to negotiate a resolution with regard to the wages 39 in question. 40 1. The county shall establish a system that provides for: 41 a. A complaint process by which a complaint, which must 42 allege a wage theft violation, may be submitted to the county by 43 or on behalf of an aggrieved employee; and 44 b. Service of the complaint and written notice on the 45 respondent employer alleged to have committed a wage theft 46 violation, which sets forth the allegations made in the 47 complaint and the rights and obligations of the parties. Such 48 rights and obligations shall include the right of the respondent 49 to file an answer to the complaint and the rights of both 50 parties to a conciliation process and to a hearing on the matter 51 before a county hearing officer. The hearing officer must have 52 either a legal background or specialized training in the subject 53 matter. The final determination of a hearing officer is subject 54 to appeal to a court of competent jurisdiction. 55 2. The system established must encourage the parties to 56 conciliate the charges and resolve the matter. A hearing officer 57 may not be appointed unless the matter is not resolved using the 58 process established in this paragraph. 59 3. If a preponderance of the evidence demonstrates a wage 60 theft violation, the hearing officer shall order the employer to 61 pay wage theft restitution to the affected employee along with 62 liquidated damages and any administrative costs. 63 4. The regulation of wage theft through local ordinance 64 shall be limited to requiring that employers pay their employees 65 for work performed at the agreed upon rate of pay plus any 66 penalties as set forth herein and establishing a fair procedure 67 and program to review and enforce wage agreements. 68 5. Any wage recovery system established pursuant to this 69 paragraph must provide that an employee who is not timely paid 70 wages, final compensation, or wage supplements by his or her 71 employer as required is entitled to recover through a claim 72 filed in a process or program established under this paragraph 73 in the employee’s county of employment or in a civil action, but 74 not both. 75 6. The county shall establish a reporting mechanism through 76 which the county receives regular reports regarding cases of 77 wage theft. The county may require periodic reports. 78 7.a. Upon a finding of wage theft, the employer shall be 79 liable for the actual back wages due and owing and may be liable 80 for administrative costs in an amount not to exceed $1,500. If 81 the employer is found to have acted in good faith or if the 82 hearing officer has reason to believe that the act or omission 83 was not intentional or was not wage theft, the administrative 84 costs against the employer may be waived. In addition, 85 liquidated damages shall be awarded to the employee but are 86 limited to twice the amount a respondent employer is found to 87 have unlawfully failed to pay the complainant employee. 88 b. In addition to the actual back wages due and liquidated 89 damages, an employer found to have committed a second violation 90 shall be fined $1,000 and an employer found to have committed a 91 third and subsequent violation shall be fined $2,000. An 92 employer who commits a second or subsequent violation may be 93 liable for administrative costs in an amount not to exceed 94 $2,500. 95 8. Any claim brought under this paragraph is subject to a 96 statute of limitations of 1 year from the last date upon which 97 wages were due to the employee for the wage theft incident that 98 is the subject of the wage theft claim. 99 (3) FUNDING.—The county may dedicate county funds to assist 100 the legal services organization process or the administrative 101 process under subsection (2) in addressing claims of wage theft. 102 (4) CURRENT ORDINANCES.—A local ordinance governing wage 103 theft which was enacted on or before January 1, 2014, is not 104 preempted by this section. 105 106 ================= T I T L E A M E N D M E N T ================ 107 And the title is amended as follows: 108 Delete lines 3 - 7 109 and insert: 110 creating s. 448.111, F.S.; defining terms; requiring a 111 county that decides to create a local solution to wage 112 theft to adopt one of two processes and specifying the 113 requirements of those processes; providing an