Wage Recovery Frequently Asked Questions

Wage Theft occurs when an employer that 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.

You must be able to show the following:

1. That you were an employee of the company or person;
2. That the work for which you were not paid was performed in Osceola County;
3. That the amount of wages owed is more than $60; and
4. That it has been no more than 1 year since the work was performed.

No, there is not a cost associated with filing a wage complaint.

No, you do not have to be a legal citizen in order to file a wage complaint.

No. The employer must know who filed the complaint as they have the right to defend against the allegations. All complaints are public record.

A claimant must be without pay for at least 14 days past the last pay period in which the claimant should have been paid in order for Osceola County to begin the process.

No. You must file a claim with the Bankruptcy Court.

No. You may have attorney, but an attorney is not required to file a complaint.

Yes. Some claimants or employers choose to hire an attorney to represent them. However, if the claimant files suit in civil court or before any other tribunal regarding the same wages, then the claim under Chapter 25 of the Osceola County Code of Ordinances will be dismissed.

Yes. The ordinance allows for non-lawyer advocates as an alternative to counsel; however in any proceeding, a Hearing Officer may disallow the representation for good cause.

No, only unpaid wages can be claimed.

No. Each case is handled and analyzed on an individual basis, and on its own merits. Variables such as evidence, testimony, willingness of employer to conciliate, etc. may affect the outcome. Just as in a court of law, success is never guaranteed.

Emails, text messages, job invoices, ledger of hours/days worked, witnesses and pictures can serve as evidence of employment.

No. The ordinance specifically excludes independent contractors.

No. The minimum amount required under the ordinance is $60.00.

No. The work must have been performed within Osceola County.

Yes. Just notify the County by sending a signed, written request of cancellation to the County Attorney’s Office.

If a complainant does not attend their scheduled hearing the case will be dismissed. If the employer does not attend, the hearing will proceed in their absence.

Notify the County immediately so that the complaint can be amended to reflect the corrected amount claimed.

Yes. If a settlement is reached the employee should notify the County immediately and provide a written request to close their complaint.

Accepting a settlement is a personal decision that only a claimant can make.

Neither. Although all valid wage complaints are investigated, the County remains neutral in all proceedings to best facilitate conciliation or settlement between both parties.

No. If it is necessary to go to an administrative hearing, each party must present their case before the Hearing Officer. The County cannot assist either party at a hearing. You should review the section entitled "What to Expect at the Wage Theft Hearing" for more detailed information about the hearing process.

Yes. However, you should bring multiple copies of all documents that you want the Hearing Officer to consider. Any document given to the Hearing Officer will not be returned to the party presenting the document.

No. The County cannot force anyone to pay. If you do not receive payment after forty-five (45) days, and you have not been notified by the County that the employer has requested more time to pay, you will need to take private legal action to attempt to collect your money.

Yes. If the Hearing Officer determines that a complaint was made without any basis in law or fact the Hearing Officer may order the employee to reimburse the County for its administrative costs and the employer for its reasonable attorney’s fees and costs.