ISSUE: Should wage theft be addressed at the local level.

DISCUSSION: Wage theft occurs when an employee is not paid the money due for the work he or she has done. Many different state and federal laws exist to insure employers treat employees fairly and pay the appropriate money due. These laws protect employees while also protecting the due process rights of employers. Recently, there has been a movement at the county level to adopt additional laws and regulations to address the issue of wage theft.

Though there has been no demonstration that the existing state and federal laws are inadequate, one county has already passed an ordinance, and other counties are looking to follow. These wage theft ordinances establish an extra-judicial process, with little of the due process protections that exist in typical judicial and administrative proceedings. Employers may be subject to punitive damages provisions at the county level and may still be vulnerable to additional suits under the existing state and federal laws. An employer is not guaranteed finality from the county proceeding. The constitutionality of such an ordinance is questionable. The Florida Retail Federation has filed suit to challenge the county ordinance.

There is no question that employees deserve to be fairly compensated. If the existing protections are indeed inadequate, this is an issue that needs to be addressed statewide. Piecemeal regulation will only create a burdensome business environment without addressing the true issue of fair and balanced dealings between employers and employees.

POSITION: Wage theft regulation should fall under the purview of state and federal laws. If additional regulation is deemed necessary, it should be thoroughly vetted and applied consistently throughout the state in the form of a state statute, not local ordinances.

RELATED BILLS
HB 609 Relating to Wage Protection for Employees, Rep Goodson
SB 862 Relating to Wage Protection for Employees, Simmons

UPDATES
1/13/12
Receiving attention this week was our Wage Protection bill. Rep. Tom Goodson presented HB 609 in its second committee of reference, the Community and Military Affairs Committee. The union representatives were out in full force in opposition and the issue was hotly debated. However, our SVP and General Counsel, John Rogers, made such a compelling case that the issue was easily won. The bill passed out of committee by a vote of 11 to 4. It is now in the Judiciary Committee, its last committee of reference.

1/27/12
The two Wage Theft bills have moved fairly quickly with good progress. The House version, HB 609, by Representative Tom Goodson, has cleared two committee stops and is ready to be heard in its last House committee, Judiciary. The Senate version, SB 862 by Senator David Simmons, had its first committee hearing this week and passed that committee. It has two more Senate committee stops. We are working with a coalition of religious groups and labor to fashion a bill that is acceptable to them and our members. Oddly enough, the two sides have pretty much always agreed philosophically; our differences were mostly on the process and constitutionality of the solution. We anticipate having a solution in the next week or so.

2/17/12
The two Wage Theft bills have not moved recently. However, the Senate version, SB 862 by Senator David Simmons, is set to be heard in the Senate Judiciary Committee on Monday. Sen. Simmons has crafted a “strike all” amendment designed to meet the objections others have with this bill. We are supportive of Senator Simmons’ new version as being more practical than the current Miami-Dade ordinance and it also has statewide application. Several legislators had suggested the need for such a statewide law. The House version, HB 609, by Representative Tom Goodson, was not been heard this week, but it is ready to be heard in its last committee.