Wage Recovery Program
On March 16, 2015, the Osceola County Board of County Commissioners approved an ordinance prohibiting wage theft in the county. The Wage Recovery Ordinance applies to all private employers with employees who are performing work within the geographical boundaries of Osceola County.
The purpose of the ordinance includes: eliminating the underpayment or nonpayment of wages; eliminating unfair economic competition by "unscrupulous businesses"; and relieving the public burden of subsidizing employees of "unscrupulous businesses."
Any employer who fails to pay any portion of wages due to an employee, according to the wage rate applicable to that employee, within a reasonable time from the date on which that employee performed the work for which those wages were compensation, shall be liable for wage theft. As with state and federal wage and hour laws, individuals may be liable under the ordinance if they were capable of exercising supervisory authority over the complaining employee and were responsible to some degree for the alleged violation.
Upon a finding by a hearing officer appointed by Osceola County or by a court of competent jurisdiction that an employer unlawfully failed to pay wages, an employee shall be entitled to receive back wages in addition to liquidated damages from that employer.
Here, you will find details about the program's purpose, its benefits, and most importantly, a step-by-step guide on how to navigate the complaint process.
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How to File a Wage Recovery Complaint in Osceola County
If you believe you are owed wages for work performed in Osceola County, here is a step-by-step guide on how to file a complaint:
Step 1: Check Eligibility
Legally, your claim must meet the following minimum criteria:
- Work must have been performed in Osceola County;
- Amount owed must exceed $60;
- Individual must be or have been an employee of the business; and
- Work must have been performed within the previous 12 months.
For more details on eligibility, check out our Frequently Asked Questions.
Step 2: Complete the Complaint Affidavit
If your claim meets the eligibility criteria, the next step is to fill out the Wage Recovery Complaint Affidavit form(PDF, 365KB). Include copies of all documents that show you were employed by this business, and any other documents that support your allegation such as check stubs, canceled checks and W2 forms.
Submit the form electronically, or mail it to the address below (must be signed and dated). Incomplete applications will not be processed and will be returned for completion.
There are two ways to access the Wage Recovery Complaint Affidavit:
Submit electronically: Osceola County Wage Recovery Complaint Affidavit
or
Fill out the PDF form and email or mail: Wage Recovery Complaint Affidavit(PDF, 365KB)
Mail forms to:
Osceola County Attorney's Office
Attention: Wage Recovery
1 Courthouse Square, Suite 4700
Kissimmee, Florida 34741
You may also request the form by calling the Osceola County Attorney's Office at (407) 742-2200.
Step 3: Notice to Employer
Once your completed complaint affidavit and supporting documents are received and reviewed by the County, we will attempt to serve notice of the complaint to your employer via certified mail.
This notice allows the employer to respond within 20 days of receipt. If the certified mail is undeliverable, you have the option of retaining the services of a process server to deliver the notice.
Step 4: Conciliation Process
After your employer is served with the complaint affidavit and has an opportunity to respond, the County will engage both parties in a conciliation process designed to encourage settlement of the dispute.
You must participate in the conciliation process or your complaint will be dismissed.
Step 5: Hearing
If the dispute is not resolved through conciliation or if the employer does not respond within 20 days (and the County has confirmation that the notice was received), your case will be scheduled for a hearing.
At this hearing, both you and your employer will have an opportunity to present your cases to a Hearing Officer.
If the Hearing Officer determines that a wage violation has occurred, the employer may be ordered to pay up to three times the amount of wages claimed as well as administrative costs associated with conducting the hearing to the County.
What to Expect at the Wage Recovery Hearing
1. Be on Time
Make sure you arrive on time to your hearing. If you are not present when your case is called, your case will be dismissed if you are the employee, or will be heard without you (if you are the employer). If neither party is present the case will be dismissed.
A hearing date shall not be postponed or continued unless good cause is shown in a written request for continuance, received at the address listed above, in writing, prior to the date of the hearing.
2. Prepare Your Case
You are responsible for presenting your case. Osceola County's only role in the hearing is to process the complaint. The County cannot present evidence, elicit testimony or assist you in proving your case in any way.
You have the right to be represented by an attorney licensed by the State of Florida at the administrative hearing.
Note: Business owners who do not attend, but wish to be represented by a non-attorney employee, must provide a signed, notarized power of attorney at the hearing, subject to the Hearing Officer's approval.
The hearing will be conducted in a quasi-judicial manner and will be heard by a Hearing Officer appointed by the County.
3. Present Your Case
The employee has the burden of proving his/her case by a preponderance of the evidence. Bring copies of all evidence and documentation you plan to present at the hearing. This may include: copies of paychecks, check stubs, work schedules, time sheets, W-2s, any demand letters sent to the employer, signed agreements between the employee and employer, notarized statements with name and address from fellow employee(s) who could substantiate the complaint, any records of hours/days worked and wages paid, or any evidence or supporting documentation that you believe may assist the Hearing Officer in reaching a decision.
You must be prepared to explain the circumstances of the violation, including:
- The date or dates (month/day/year format) the alleged violation occurred
- The dollar amount of unpaid wages including how the wages were calculated
- Hours worked each day (or part of the day) multiplied by the employee's hourly or daily wage rate
- For piecework, the number of pieces completed is multiplied by the wage rate per piece.
- Bring enough copies for the Hearing Officer and all parties of all evidence and documentation you plan to present at the hearing.
If the employee meets this burden by providing competent substantial evidence, in the form of testimony or documentation, then the burden will shift to the employer to refute the allegations made.
Examples of evidence and supporting documentation may include, but are not limited to:
- a copy of any demand letter the employee may have sent to the employer for payment of unpaid wages;
- a copy of employee's paycheck(s) (front and back);
- check stubs or payroll voucher;
- a copy of any agreements that were entered into and signed by the employee and the employer;
- a written, notarized statement, with name and address, from fellow employee(s) who could substantiate the complaint;
- a copy of employee's work schedules, time sheets, or any other documentation verifying the number of hours/days worked or pieces complete;
- a copy of the employee's W-2;
- any records maintained by the employee of hours/days worked or pieces completed and wages paid;
- if the claim involves a verbal agreement, employee should provide a thorough written statement detailing the terms of the agreement
Additionally you may bring any evidence or supporting documentation that you feel may assist the Hearing Officer in reaching a decision.
4. Understand the Process
If the Hearing Officer determines a wage theft violation has occurred, he/she may order the employer to pay up to three times the amount of wages claimed, as well as administrative costs.
You have the right to subpoena witnesses by submitting a completed subpoena form.
All witnesses will testify under oath and be subject to cross-examination by the opposing party.
5. After Hearing
When the hearing is over, the Hearing Officer will determine if a wage theft violation has occurred. The Hearing Officer may issue an Order on the day of the hearing, or within a reasonable timeframe after the hearing.
If there is a finding of wage theft, the Hearing Officer may order the employer to pay wage restitution to the employee in an amount equal to three times back wages, as well as administrative costs to the County.
Frivolous Complaints
If a complaint is found to be frivolous – without any basis in law or fact — the Hearing Officer may order the employee to reimburse the County for administrative costs and pay the employer's reasonable attorney fees and costs.
Please note that the County cannot provide legal advice, nor may the County refer or recommend private counsel.
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