Broward County Commission Regular Meeting

Return to the Search Page Return to the Agenda

AI-27453

54.

Meeting Date:	09/13/2018
Director's Name:	Andrew J. Meyers
Department:	County Attorney

Information

Requested Action

MOTION TO CONSIDER enactment of an Ordinance, the title of which is as follows:

AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, REPEALING AND REPLACING CHAPTER 20½ OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE") TO PROHIBIT NONPAYMENT OF EARNED WAGES; PROVIDING FOR ADMINISTRATIVE HEARINGS AND ADMINISTRATIVE PROCEDURES FOR NONPAYMENT OF EARNED WAGES CLAIMS; PROVIDING FOR ENFORCEMENT OF ADMINISTRATIVE ORDERS IN A COURT OF COMPETENT JURISDICTION; PROHIBITING RETALIATION; PROVIDING FOR REPORTING; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.

(Sponsored by the Board of County Commissioners)

ACTION: (T-2:22 PM) Filed proof of publication and enacted the Ordinance to become effective as provided by law. (Refer to minutes for full discussion.)

VOTE: 9-0.

Why Action is Necessary

A Resolution directing the County Administrator to publish notice of public hearing to consider enactment of the Ordinance was adopted by the Board of County Commissioners at its meeting of August 14, 2018.

What Action Accomplishes

Reinstates County complaint, hearing process, and remedies through repeal and replacement of sunsetted code provisions.

Is this Action Goal Related

Previous Action Taken

Summary Explanation/Background

This proposed Ordinance reenacts Chapter 20½ of the Broward County Code of Ordinances, which sunsetted five (5) years after its effective date.

The proposed Ordinance substantially tracks the original Ordinance, but also addresses some minor grammatical issues and adds two new substantive provisions. The first new provision prohibits an employer from retaliating against an employee for filing a nonpayment of wage claim. The second new provision provides that if a party does not comply with the Hearing Officer's order in connection with a nonpayment of wage claim, the order may be recorded and would become a lien against property owned or purchased by the noncomplying party.

The proposed Ordinance retains the other key provisions of the sunsetted Ordinance. It:

Creates an administrative claims process for the recovery of unpaid wages in excess of sixty dollars ($60). Any claim not resolved voluntarily would be referred to a Hearing Officer who would issue a final order in favor of the employee or the employer;
Provides that a prevailing employee would be awarded back wages and liquidated damages, in addition to attorney's fees and costs. If an employee prevails, the employer would also be required to reimburse the County for its administrative costs and the Hearing Officer costs;
Allows the County and the employer to recover expenses incurred in connection with a frivolous wage recovery claim filed by an employee; and
Requires periodic reporting regarding administrative costs, inquiries, hearings scheduled, costs of the hearings, and the results of the hearings.

There is no sunset provision contained in the proposed Ordinance.

Source of Additional Information

Adam Katzman, Senior Assistant County Attorney, (954) 357-7600

Fiscal Impact

Fiscal Impact/Cost Summary:

Fiscal Impact Statement by Office of Management and Budget is attached as Exhibit 2.

Attachments
Exhibit 1 - Copy of Proposed Ordinance
Exhibit 2 - Copy of Fiscal Impact Statement