Wednesday, December 5, 2012

Wage Protection Ordinance

     Broward County has become the second county in Florida to adopt a wage protection ordinance.  Originally called a "Wage Theft Ordinance," it has now been referred to as a "Non-Payment of Earned Wages" ordinance. 

     A non-payment of wages occurs when an employee is not paid wages that he/she is legally owed.  It occurs in different forms such as unpaid overtime, not being paid at least minimum wage, working during meal breaks, misclassification of employees as independent contractors, forcing employees to work off the clock, altering time cards or pay stubs, illegally deducting money from employees’ pay checks, paying
employees late, or simply not paying employees at all.

     What this ordinance does is that it allows a second avenue for residents of Broward County, fairly similar to federal and state laws, to bring an administrative action for the recovery of unpaid wages in excess of $60,000.00 or more.  Also, under this ordinance, it defines an "employer" without regard to size, gross volume of sales, or business transacted.  However, there is an exemption for the United States, the State of Florida, and any Indian Tribe.

     More and more counties in Florida, and across the nation, are recognizing these "wage theft" or "non-payment of wages" ordinances. 

If you are the victim of unpaid wages, please contact Ambuter Law

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