Outten & Golden: Empowering Employees in the Workplace

Broward Is Second Florida County to Address Wage Theft

October 29th, 2012 | Kenneth Quinnell

Kenneth Quinnell

This week, Broward County—one of the most populous counties in South Florida—became the second county in the state to pass a local wage theft ordinance, joining Miami-Dade County. In a 7-2 vote, the Board of County Commissioners voted to create the new law to deal with a significant and growing problem in Florida. Wage theft occurs when workers are not paid overtime, not paid at least the minimum wage, are forced to work off the clock or are not paid at all for work they have completed.

“I was at the meeting yesterday asking commissioners to vote yes for the ordinance, speaking on behalf of my close friends who are victims of wage theft in our county and haven’t been able to recover their wages after months of effort,” says Maria Isabel Fernandez, a resident of Dania Beach in Broward County. “I was thrilled when the ordinance passed! It may be too late for my friends, but it will help other people like them in the future who will now have the possibility of recovering the salaries they earned through their work without having to hire a lawyer and wait months without any income.”

Florida is considered one of the worst states in the country for wage theft, and Broward County is the third worst county in the state. Nearly 5,000 wage theft cases have been reported in Broward in the past three years, totaling more than $2 million in back wages. More than $28 million in unpaid wages have been recovered in Florida. Miami-Dade created a similar ordinance in 2010 and has recovered more than half a million dollars in unpaid wages in that county alone.

Several factors contribute to the problem. Florida does not have a state-level Department of Labor, has a high percentage of workers who are not covered by federal wage and hour laws and has a legislature that is openly hostile to wage theft laws, so much so that it recently tried to ban such laws at the local level.

Cynthia Hernandez of the Research Institute on Social and Economic Policy at Florida International University says:

Policymakers need to consider the ramifications of Florida becoming a glaring example of a state that tolerates and even encourages wage violations. Broward County and Miami-Dade’s wage theft ordinances are examples of good government policy addressing this growing issue. These ordinances are critical to maintaining a fairly competitive business environment so critical to Florida’s economy.

Alachua County, where Gainesville and the University of Florida reside, is considering becoming the third county to pass a wage theft ordinance. For more information or to report wage theft in Florida, contact the Florida Wage Theft Task Force.

This post was originally posted on AFL-CIO NOW on Monday, October 29, 2012. Reprinted with permission.

About the Author: Kenneth Quinnell is is senior writer for AFL-CIO. He is originally from Florida and is the father of three sons. He can be reached at [email protected]

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