Wage Theft and Recovery

An employee is a person who performs work for an employer within Pinellas County. This does not include a bona fide independent contractor (as defined by the Internal Revenue Code). Employee may also include a person who performs work that benefits an employer located within Pinellas County even though the employee may have performed work outside of Pinellas County.

A covered employer is any person who, acting individually or as an officer, agent or employee of another person, acts directly or indirectly in the interest of a person or entity employing an employee, but this does not include any Federal or State agency or entity.

The following considerations, among others, led to the enactment of the Wage Theft and Recovery Ordinance:

• Economic security for persons working in Pinellas County.
• Promotion of business and economic development by eliminating unfair competition by businesses that do not pay or underpay their employees.
• Reduction of the number of employees who rely on public assistance for essential needs because their employer does not pay or underpays earned wages.

When an employer fails to pay any portion of wages earned by an employee within a reasonable amount of time from the date on which wages were due for work performed by the employee. This includes earned paid time off, leave, vacation or sick pay.

If an employer is found to have unlawfully failed to pay earned wages, the employee will be entitled to receive up to three times the amount of back wages that the employer is found to have unlawfully failed to pay the employee. The employer may also pay to the Board of County Commissioners an assessment of costs in an amount not to exceed actual administrative processing costs and costs of the hearing.

No. Contact information and the aggrieved employee’s participation in the process is required. 

Yes. The employer will be contacted to resolve the complaint.

Retaliation for filing a complaint is unlawful and should be reported to Pinellas County Office of Human Rights for further action.

Any information or documentation you can provide to establish that you were an employee, that you worked under an agreed upon wage and that you earned a specific amount of wages not paid could help support your claim. Typically, this may include (but is not necessarily limited to):

• 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.

Once a complaint is filed, your complaint will be reviewed and processed. Once processed, the company will initially have 21 days to respond. The 21 days is from the date the Pinellas County Office of Human Rights (PCOHR) Wage Theft department sends the notice to the employer, not the date the complaint was filed. PCOHR will attempt to resolve the matter via settlement or the voluntary conciliation process. If conciliation is declined or unsuccessful and a settlement has not been reached, the case will be placed on the next available docket to be heard before the Special Magistrate.

If either party declines the offer to participate in the conciliation process or if the conciliation process is unsuccessful, the case will be placed on the next available docket to be heard before the Special Magistrate.