§ 70-305. Definitions.  


Latest version.
  • Employ. The meaning of "employ," including as used in the term "employment," shall include to suffer or permit to work.

    Employee means a natural person who performs work within the geographic boundaries of Pinellas County while being employed by an employer, but shall not include any bona fide independent contractor. "Employee" may also include a person who performs work that benefits an employer located within Pinellas County even though the employee may have performed work outside of Pinellas County.

    Employer includes any person who, acting individually or as an officer, agent, or employee of another person, acts directly or indirectly in the interest of a person or entity employing an employee; but such term does not include:

    (1)

    The United States or a corporation wholly owned by the government of the United States;

    (2)

    The State of Florida.

    Independent contractor shall have the same meaning as in the Internal Revenue Code and implementing federal regulations.

    Reasonable cause means the existence of sufficiently reliable and probative evidence for a reasonable person of ordinary prudence and caution to believe it is more likely than not wage theft has occurred.

    Reasonable time shall be presumed to be no later than 14 days from the date on which the work is performed unless the employer has established, by policy or practice, a pay schedule whereby employees earn and are consistently paid wages according to regularly recurring pay periods in which case such pay schedule shall govern.

    Threshold amount means $60.00.

    Wage rate means any form of monetary compensation which the employee agreed to accept in exchange for performing work for the employer, whether daily, hourly, or by piece but in all cases shall be equal to no less than the highest applicable rate established by operation of any federal, state or local law. It shall include earned paid time off, leave, vacation or sick pay.

(Ord. No. 15-44, 11-10-15)