Who is an "Employer" as Defined in the Wage Recovery Ordinance?
A covered employer is any person who, acting
either individually or on behalf of an entity,
employs an individual to perform duties in
exchange for wages. A covered employer
includes third-party labor providers (such as
employment agencies) but does not include
public agencies (such as the state or a
municipality).
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What is “The Non-Payment of Earned Wages” According to the Ordinance?
When an employer fails to pay any portion
of wages earned by an employee within a
reasonable time from the date on which
wages were due for work perfomed by the
employee.
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What is the Deadline for Filing a Wage Recoery Complaint?
180 days from the date the wages were due.
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What Are the Penalties for an Employer Not Paying Wages to an Employee?
If an employer is found to have unlawfully
failed to pay earned wages, it shall entitle an
employee to receive double the back wages
due.
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Can I File an Anonymous Complaint?
No. Contact information and the aggrieved
employee’s participation in the process
is required.
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Can I File a Complaint for Someone Else?
Yes, but the aggrieved employee must
participate in the process. Any person or
entity can assist the employee in filing their
complaint.
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Will My Employer Know that I Complained?
Yes. The employer will be contacted to resolve the complaint.
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What if I am Fired for Complaining?
Retaliation for filing a complaint is unlawful
and should be reported to the Equal
Opportunity Office.
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What Documentation is Helpful in Processing a Wage Recovery Complaint?
- Copies of demand letters or other
communications sent by the employee to the
employer
- Copies of employee paychecks and check
stubs
- Copies of any pay agreements relating to the
employee’s wages
- The names and contact information of
any witnesses who can substantiate the
allegations of the complaint
- Copies of the employee’s work schedule,
timesheets, and W-2 forms
- Any other records of the time worked or
wages paid.
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What Happens After a Wage Recovery Complaint is Filed?
The County will coordinate a conciliation
process to attempt to resolve the complaint by
sworn written agreement of both parties.
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What if the Complaint is not Conciliated?
Within fifteen (15) days after the County gives
notice that the conciliation process has been
refused or has reached impasse, any party can
request a hearing or the County will appoint a
hearing officer that it deems to be qualified to
hear non-payment of earned wages matters.
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What Should I Do if I have a Wage Recovery Complaint?
- The employee must first attempt to
resolve his or her claim by contacting
the employer within sixty (60) days
after wages were due.
- If the employee is unable to resolve the
claim with the employer, contact the
Alachua County Equal Opportunity
Office within 180 days after the date
wages were due.
Alachua County
Equal Opportunity Office
12 SE 1st Street
Gainesville, FL 32601
(352) 374-5275 or
TTY users call 711 (FL Relay)
wagerecovery@alachuacounty.us
Visit Equal Opportunity Office website
for more frequently asked questions, or
to download Wage Recovery intake
forms.
- If timelines have exceeded 180 days,
or for more information on Wage and
Hour laws, call:
U.S Department of Labor
Wage and Hour Division at
1-866-487-9243 (toll free) or
visit www.wagehour.dol.gov
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