Broward County Commission Regular Meeting
Director's Name: Andrew J. Meyers
Department: County Attorney
Information
Requested Action
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MOTION TO ADOPT Resolution directing the County Administrator to publish Notice of Public Hearing to be held on October 25, 2022, at 10:00 a.m., in Room 422 of Governmental Center East to consider enactment of a proposed Ordinance, the title of which is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF BROWARD COUNTY, FLORIDA, PERTAINING TO THE LIVING WAGE; AMENDING SECTIONS 26-101 THROUGH 26-103 OF THE BROWARD COUNTY CODE OF ORDINANCES ("CODE"); INCREASING THE LIVING WAGE AND REQUIRING PAID TIME OFF; PROVIDING FOR DEFINITIONS AND OTHER LIVING WAGE REQUIREMENTS; AND PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE.
(Sponsored by the Board of County Commissioners)
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Why Action is Necessary
At the request of the County Administrator, the proposed Ordinance was prepared by the Office of the County Attorney for consideration by the Board.
What Action Accomplishes
Enables the setting of a public hearing during which the Board may consider enacting the proposed Ordinance.
Is this Action Goal Related
No
Previous Action Taken
Summary Explanation/Background
The County Administrator proposes amending the Living Wage Ordinance, effective December 31, 2022, as follows:
The living wage for new contracts entered on or after January 1, 2023, would be at least $15.00 per hour ($17.17 per hour for security services officers) if the covered employer provides health care benefits. If the covered employer does not provide health care benefits, the living wage must include an additional health care benefit amount (currently $3.54 per hour). Both the hourly wage and the health care benefit amount would be adjusted annually, with the first health care amount adjustment occurring on January 1, 2023, and the first hourly wage rate adjustment occurring on January 1, 2024.
Commencing the first full pay period in January 2023, County part-time benefit-eligible and full-time benefit-eligible employees under the County pay plan will be paid at least $15.00 per hour, in addition to health care benefits.
Additionally, the proposed Ordinance provides that service contractors must provide paid time off to their covered employees. Covered employees of service contractors shall accrue at least one hour of paid time off for every 30 hours worked (provided, however, that nothing in the Ordinance requires that total accrued paid time off, on an annual basis, exceed forty (40) hours), or alternatively be awarded at least 40 hours of paid time off at the beginning of each 12-month period of employment. A covered employer may not set a limit on the total accrual or award of paid time off at less than 40 hours on an annual basis. Accrual of paid time off must begin upon the date of hire or January 1, 2023, whichever is later. Award of lump sum paid time off must occur by 90 days after the covered employee's date of hire or by January 1, 2023, whichever is later. A covered employee may use the paid time off for vacation, personal necessity, or sick leave.
Covered employers with contracts entered into prior to January 1, 2023, including renewals, extensions, and amendments thereto, must either (a) enter into a written amendment applying the higher living wage amount and any applicable paid time off, or (b) provide written consent and waiver of any objection or defense to the application of the higher living wage and paid time off established by the proposed Ordinance amendment. By March 1, 2023, the County Administrator will present to the Board a list of contracts that do not comply with the higher living wage and paid time off requirements and will recommend whether each contract should be terminated for convenience (if permitted under the contract) or continued.
Source of Additional Information
Adam M. Katzman, Senior Assistant County Attorney, 954-357-7600
Fiscal Impact
Fiscal Impact/Cost Summary
The Fiscal Impact Statement by the Office of Management and Budget will be provided at the time of the public hearing, in compliance with Section 18.5(e)(7) of the Broward County Administrative Code.