Under a new Miami-Dade County Ordinance (Chapter 22 of the Miami-Dade County Code of Ordinances), if an employer fails to pay its employees within a "reasonable time" after they performed the work; the employer will be guilty of "wage theft." The ordinance goes on to provide that a "reasonable time" shall be presumed to be no later than 14 days from the date that the work is performed. Although the time period can be modified to no more than 30 days, there must be an express agreement in writing between the employer and the employee to do so.
If an employer is found to have violated the ordinance, that employer may be required to pay the employee an amount equal to three times the amount of back wages that the employer failed to pay. An employer may also be required to pay reasonable attorneys' fees costs in connection with an action brought to recover wages under the ordinance.
An employee may file a complaint with the county or may also bring a private action in a court of competent jurisdiction to redress a violation of the ordinance. With respect to records, where an employer has failed to show that it has maintained appropriate records of the hours worked by its employees, the ordinance provides that the employer shall have the burden of negating the evidence presented by the employee of the hours the he or she worked.
If you have questions regarding the new Miami-Dade County Wage Theft Ordinance or any other wage and hours laws, contact the Law Offices of Santiago J. Padilla, P.A. as soon as possible. Based in Miami, Florida, we represent employers and employees throughout South Florida in employment cases. To set up a free initial consultation, you can contact us through the Internet or call us at (305) 358-1949.
