Is a wage theft ordinance proven to be relatively ineffective — and is supported by groups who tried to preempt local wage theft ordinances statewide — better than no wage theft ordinance at all?
It depends on whom you ask.
Republicans and Democrats on the Hillsborough County Commission differ wildly on the answer to that question, and got into an at-times dramatic exchange over it Wednesday.
Anyone who's done an honest day's work only to collect a suspiciously small check — or no check at all — knows how distressing it can be, especially those relying on those paychecks to meet basic needs.
That's why cities and counties across the state (St. Pete being the latest of which) are adopting wage theft ordinances, which set up methods of recourse for workers who have been wronged in that way. Hillsborough has been trying to figure out how to address the issue, and Wednesday's meeting was the second attempt at hammering out a new policy.
The two Democrats on the commission want to pursue an ordinance that is mindful of how much it sucks to be poor, and makes it cheaper and a little easier to recover stolen earnings. The commission's five Republicans balked at the specter of big government while expressing their compassion for those who have dealt with wage theft and vowing to do something about it.
“I have been in your shoes,” said Commission Chair Sandy Murman told the workers in the audience who had spoken in favor of the Miami-Dade model. “Contrary to the emails I got that said I've never been in your shoes, yes I was. In my twenties. Believe me, I've been cheated out of my wages. I know how it feels. It's terrible. We want to help you.”
Although they ultimately resolved to develop a unique approach to recovering wages for residents whose employers, in one way or another, shorted them on their pay, the sticking point came when weighing the different ways of going about it.
There's the Palm Beach County model, which is supported by the Florida Retail Federation (the above-mentioned lobbying group that supports preempting cities and counties from passing wage-theft ordinances). It would set aside an estimated $125,000 to an outside legal organization that would handle all wage theft claims, many of which would go through a lengthy and costly court process. Fees could add up for filers, many of whom are, again, already struggling financially.
The Miami-Dade model, meanwhile, would create a position on county staff for some $45,000. That person would handle claims in-house via administrative hearings, which would cost nothing to most filers. Research suggests such a model provides 15 times more of a return on investment (13 percent) compared to the Palm Beach County model (less than one percent).
While it appears more pricey, the GOP commissioners liked the Palm Beach County model because it doesn't grow government. Plus, having voted to add a staff position solely for the purpose of helping poor people would look really bad in a primary.
“I still worry about proliferation and this thing growing into two employees, three employees and before you know it you have a department,” said Commissioner Stacy White.
Commissioner Kevin Beckner, who proposed the ordinance in the first place, appeared outraged.
“It's really interesting when we talk about economic development and expanding our economic development department and resources we commit to that, we don't even balk at that," Beckner said. "But when we look at people that are low-wage earners, that are struggling day to day to make ends meet, we're having a conversation about $45,000 versus $125,000. Maybe people sitting up here are blinded by our own wealth or blinded by the special interests that they can't see the hurting people that are out there, and can't relate to what they're going through.”
He said it was mind-boggling that, after watching a presentation that clearly demonstrated the Miami-Dade model's efficiency (those running the Palm Beach program are already asking for more money, he noted) the commission still wants to pursue it.
"I just think that it's unacceptable," he said, clearly agitated, and the audience applauded. "I have heard from here that this board wants to do something but you're saying one thing and you're not taking action on the other.”
Commissioner Victor Crist, a Republican, went after Beckner, a declared Democratic candidate for for Hillsborough Clerk of Court in 2016, accusing him of political grandstanding.
“If you continue down the path you are going now, you will get the ink and the publicity, yes, which is what you may want, but you will get nothing for those people. Nothing," he said. "And that's unacceptable. I don't want to leave here with nothing. I want to leave here with what we need to protect people and their families, and that means building consensus…Shame on you for making this a political statement for self-gratification.”
Ultimately, the commission unanimously resolved to direct county staff to develop its own unique ordinance, but it wasn't clear whether the Palm Beach County model will likely serve as the framework.
“I do believe Hillsborough County needs to be a leader in all situations,” Murman said. “We would be a follower if we just adopted the Palm Beach model. I've studied this, and I do believe there are some weaknesses that we need to shore up so we can make it our own.”
A big concern for Crist was that no other ordinance in the state deals with contractors and small businesses also vulnerable to getting the shaft.
“I fully sympathize with the employees that have come forward today. I understand. I hear you clearly. But you're just one part of my constituency,” Crist said to the audience. “I have the painters, the landscapers, the bricklayers, the carpenters, the plumbers, the elections, who are also wage earners, but they're considered small businesses, sole proprietors, independent contractors, and they all deserve to be made whole equally as well as you. “If I do one thing for you that I don't do for them, then there's an unequal balance. And I want to make sure that what we do is fair and equitable across the board.”
Beckner went along with the proposal, but still appeared wary.
"I hope it is the people that you're passionate about, and not the special lobbyists that have been lobbying for this Palm Beach model across the state. It's the people that you represent…and if it's truly about the people, I'm willing to tweak it. But why would you ever start with a model that has shown to be less effective than a model that has proof.”
The commission will again take up the issue at an as-yet undetermined meeting.
This article appears in May 28 – Jun 3, 2015.