§ 25-6. Enforcement of wage theft violations.

(a)

Hearing officer's decision.

(1)

The hearing officer shall issue a written decision setting forth findings of fact and conclusions of law. The decision shall be served on the parties. The hearing officer's decision shall be considered a final administrative ruling, enforceable in a court of competent jurisdiction and reviewable as a quasi-judicial action.

(2)

If the preponderance of the evidence demonstrates a wage theft violation, the hearing officer shall order the employer to pay wage restitution to the affected employee in an amount equal to three (3) times the amount of back wages that the respondent employer is found to have unlawfully failed to pay the complainant employee, and may order the employer to pay the employee's reasonable attorney's fees and any costs of this process. The treble damages are intended to compensate the employee for economic damages and other injury. The hearing officer shall also order the employer to pay restitution to the board of county commissioners for its administrative costs.

(b)

Failure to comply with initial order. If the county finds that any respondent employer has failed to comply with the hearing officer's order within forty-five (45) days after written notice from the county, the county shall issue a further written order on the respondent employer as follows:

(1)

The county may, upon request of the respondent, grant the respondent an additional forty-five (45) days to comply with any portion of the order, unless such an extension has previously been granted; and

(2)

The county shall order the respondent, in addition to wage restitution ordered, to pay the complainant employee an amount equal to the statutory interest rate for judgments in Florida civil court on the full amount of treble damages from the date upon which the finding of wage violation was made until the date upon which the amount is paid in full; and

(3)

The county shall order the respondent, in addition to assessment of costs ordered, to pay to the board of county commissioners an amount equal to the statutory interest rate which accrues on the assessment of costs from the date upon which the hearing officer's order is issued until the date upon which the amount is paid in full.

(c)

Joint and severable liability. In any order issued by the hearing officer, two (2) or more respondents may be found jointly and severally liable for any amount payable to the complainant or the county or both; however, the total amount the complainant or the county may receive from jointly and severally liable respondents shall not exceed the total amount for which respondents are jointly and severally liable.

(Ord. No. 2015-21, § 1, 3-16-15)