§ 25-7. Other enforcement efforts.

(a)

Enforcement by private persons.

(1)

If during the pendency of a wage theft violation complaint but prior to the issuance of a final decision by a hearing officer, a complainant 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 complainant employee's complaint to the county, or affirmatively or by consent opts to participate in any such litigation, that complainant employee's complaint of wage theft shall be deemed withdrawn with respect to any respondent employer named as a defendant in such court action.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.

(2)

The county, upon becoming aware of any private action described herein shall advise the complainant and any respondent subject to the private action in writing within fifteen (15) days of this provision and its effect on the complaint. Within thirty (30) days of the issuance of such notice, the county will dismiss, with prejudice, the complainant's complaint only with respect to the respondent or respondents who are named as a defendant to the private action.

(b)

Enforcement by the state or federal government. 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 or federal government based on wage violations involving the same facts as the complainant employee's complaint to the county, the county will dismiss, either with or without prejudice, the complainant employee's complaint with respect to the respondent or respondents named in such state or federal enforcement action. The county shall advise the complainant and any respondent of such dismissal.

(c)

Cumulative rights preserved. Nothing in this article shall be construed to limit, preclude, or in any way abrogate the cumulative rights or remedies available to a complainant employee at common law or by other statute which are not the subject of a complainant employee's complaint or the county's enforcement actions; such cumulative rights which shall be unaffected by the provisions of this chapter shall include rights related to the violation of overtime, minimum wage, living wage, prevailing wage, or equal pay laws.

(Ord. No. 2015-21, § 1, 3-16-15)