Florida Wage Laws Explained: Deadlines, Statute Of Limitations, And Employee Rights

In this article, you can discover…

• What Florida law says about unpaid wages and overtime.
• How long an unpaid wage lawsuit may take to resolve.
• How an attorney can help you navigate a claim and request unpaid wages.

What Is The Law On Unpaid Wages In Florida?

In Florida, the law states that your wages (including minimum wage and overtime) should ordinarily be paid on your regular payday for that particular workweek. If you’re not paid on time, you have the right to bring a lawsuit for your unpaid wages and claims. This can lead to you receiving the wages you’re owed, as well as potential additional compensation.

The Fair Labor Standards Act (FLSA) provides a safety net by covering minimum wages, overtime, and employers engaged in interstate commerce. This means that if your job involves communicating with people or processing payments across state lines, or if your employer has over $500,000 in gross sales, you are protected under the FLSA.

Florida Law 448 allows you to recover minimum wage, above minimum wage, and overtime pay on unpaid wages. Florida state statute may require your employer to pay your attorney’s fees, as well.

The FLSA also offers significant financial benefits through ‘liquidated damages’ (also known as ‘double damages’) and damages for fees and costs. This means that if your employer owes you $10,000, you could recover that $10,000 in unpaid wages, plus a liquidated damage of $10,000, and finally damages to cover your attorney’s fees, providing you with a substantial financial boost.

Who Pays Attorney’s Fees In An Unpaid Wages Claim In Florida?

Under Florida state statutes and the Fair Labor Standards Act, the court may award the prevailing party damages to pay for their attorney’s fees and other legal costs. However, the court has discretion when deciding to award or deny attorney’s fees.

While these awards usually go to a prevailing employee, in rare cases, an employer may be awarded damages to cover its attorney’s fees if the employee’s case is determined to be without merit or frivolous. In most cases, however, even if your employer wins the case, you will not be required to pay their legal fees.

Attorney Micah Longo is a determined, knowledgeable employment lawyer serving Florida. Since 2012, he's helped clients just like you petition employers for unpaid wages and, if needed, file a lawsuit to reclaim what they're owed.

Have questions or need legal help? Reach out to The Longo Firm P.A. for an initial consultation today.

How Long Does An Unpaid Wage Lawsuit Take?

In my experience, unpaid wage lawsuits generally resolve very quickly. These cases become more expensive the longer they go on, and most employers are motivated to settle to avoid lengthy court battles and the costly damages that can result from losing. This should provide you with some relief about the process.

I’ve seen cases that begin with an employee demand for $5,000, and once a lawsuit is filed and discovery begins, that amount becomes $50,000. Employers understand this; they generally know when they’re wrong and will often settle a case before it becomes a lawsuit.

How Do I Write A Demand Letter For Unpaid Wages?

When writing a note to request unpaid wages, include a calculation of the wages you are owed, the pay periods involved, and your pay rate. Include hours that you have actually worked to factor in possible overtime pay, and mention your job duties.

Your employer has 15 calendar days after receipt of this notice to pay the total amount of unpaid wages and resolve the claim. If they don’t do this within 15 days, you can then file a lawsuit under the State statute for unpaid wages, attorney’s fees, and legal costs.

Can My Employer Take Money Back If I Was Overpaid?

The Department of Labor has a longstanding position that if your employer overpays you, they may deduct the principal from your next paycheck’s earnings, even if such a deduction cuts into the minimum wage or overtime.

An exception exists if you have been let go and fail to return a company laptop, cellphone, or other work device. In this case, your employer may withhold your final paycheck or make deductions. But these deductions for unreturned work equipment may not be so severe that they cause you to earn less than minimum wage.

Still Have Questions? Ready To Get Started?

For more information on Florida wage laws explained, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 231-5802 today.