§ 70-308. Enforcement of wage theft violations.

(a)

Order issued. At the conclusion of a hearing and upon a finding of a wage violation, the special magistrate shall issue a written final order as follows:

(1)

If the preponderance of the evidence demonstrates a wage theft violation, the special magistrate shall order the employer to pay wage restitution to the affected employee in an amount equal to three times the amount of back wages that the employer is found to have unlawfully failed to pay the employee; this treble amount shall include the back wages as compensation for the economic losses suffered by reason of the employee not receiving their wage at the time it was due; and

(2)

The special magistrate shall order the employer to pay to the board of county commissioners an assessment of costs in an amount not to exceed actual administrative processing costs and costs of the hearing.

(b)

Failure to comply with final order. If the county finds that any employer has failed to comply with the special magistrate's order within 45 days after written notice from the special magistrate, the county shall issue a further written order on the employer as follows:

(1)

The county shall, upon request of the employer, grant the employer an additional 45 days to comply with any portion of the order, unless such an extension has previously been granted; or

(2)

The county shall order the employer, in addition to wage restitution ordered, to pay the prevailing employee an amount equal to the applicable interest rate which accrues on the full amount of treble damages from the date upon which the findings of wage violation was made until the date upon which the amount is paid in full; and

(3)

The county shall order the employer, in addition to assessment of costs ordered, to pay to the board of county commissioners and amount equal to the applicable interest rate which accrues on the assessment of costs from the date upon which the special magistrate's order is issued until the date upon which the amount is paid in full.

(4)

This section shall be enforced pursuant to F.S. § 125.69 and injunctive relief.

(c)

Joint and severable liability. In any order issued by the special magistrate, the county may specify two or more employers as jointly and severally liable for any amount payable to the employee or the county or both; however, the total amount the employee or the county may receive from jointly and severally liable employers shall not exceed the total amount for which employers are jointly and severally liable.

(d)

Cumulative rights preserved. Nothing in this section shall be construed to limit, preclude or in any way abrogate the cumulative rights or remedies available to employees at common law or by other statute which were not the subject of an employee's complaint.

(e)

In any subsequent enforcement proceedings authorized by this section, a court may award to the prevailing party all or part of the costs and attorney's fees incurred in obtaining the court order.

(f)

Enforcement by private persons or by the State of Florida.

(1)

Enforcement by private persons.

a.

If during the pendency of a wage theft violation employee but prior to the issuance of a final order by a special magistrate, an employee brings a private action in their own right, whether under state law, federal law, or both, in any state or federal court to seek unpaid wages based upon the same facts and allegations as the employee's complaint to the county, or affirmatively or by consent participates in any such litigation, that employee's complaint of wage theft shall be deemed withdrawn with respect to any employer named as a defendant in such court action. This section shall be interpreted narrowly so as to leave unaffected any cumulative rights which were not the subject of an employee's complaint.

b.

The county, upon becoming aware of any private action described herein shall advise the employee and any employer subject to the private action in writing within 15 days of this provision and its effect on the complaint. Within 30 days of the issuance of such notice, the complaint will be dismissed, with prejudice, with respect to the employer or employers who are named as a defendant to the private action.

(2)

Enforcement by the State of Florida. If at any time during the pendency of a complaint of wage theft, the county becomes aware of an enforcement action by the Florida Attorney General or other body of the State of Florida based on wage violations involving the same facts as the employee's complaint to the county, the complaint will be dismissed, with prejudice, with respect to the employer or employers named in such state enforcement action. The county shall advise the employee and any employer of such dismissal.

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