Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 926
       
       
       
       
       
       
                                Ì699372CÎ699372                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2014           .                                
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    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