Under Florida labor laws, a worker who has not been paid the wages they are owed by their employer may bring a legal action to recover their unpaid wages. They may do this as follows:
- A Federal Claim for Unpaid Wages: A person may submit a claim for unpaid wages to the Wage and Hour Division of the federal Department of Labor.
- Small Claims Court Suit: A person may file a wage and hour lawsuit in a Florida civil court: A person may file a claim for unpaid wages of up to $8,000 in a Florida small claims court or in a county or circuit court if the amount the employer owes is greater than $8,000.
- State Civil Theft Suit: A person may file a lawsuit for civil theft: Florida law gives an employee the right to file a civil theft claim against an employer when the employer has not paid them the wages they are owed. Before filing, the employee is required to give the employer written notice of the claim. The employer then has 30 days to pay the amount due.
- If the employer does not pay within 30 days, the employee may sue and, if successful, may recover 3 times the amount owed, plus attorney’s fees and court costs. The statute of limitations for filing a civil theft claim is 5 years.
- County Wage Theft Suit: A person may sue under a county wage-theft ordinance if the employer is located in certain counties: Hillsborough County and Pinellas County have county ordinances that provide that if an employer fails to pay any amount of wages earned by an employee within a reasonable time after the date on which the wages became due for work performed, the employee may sue the employer.
- If the employee wins their case, they may recover 3 times the amount of wages owed. Some of these county ordinances also apply to independent contractors.
A person who is a salaried employee with an employment contract would be able to file an employment complaint against their employer in civil court for breach of contract if their employer does not pay them what they owe under their contract.
Per definitions in Florida employment laws, wages include not only the pay and benefits that a worker earns but also other benefits that they are promised, such as room and board, clothing, e.g., uniforms, vacation pay, and sick pay.
It is against the law for Florida employers to pay employees less than the hourly minimum wage. Also, an employer owes their employee all of the wages they have earned per any employment contract they may have.
A local Florida lawyer would be able to explain all the options to a person.
What Should I Do if My Employer Has Not Paid Me?
If an employer fails to pay an employee, the employee may recover the full amount of money they are owed in a claim or lawsuit as explained above.
They may file a claim with the federal Department of Labor or a lawsuit in a Florida civil court.
How Do I File an Unpaid Wages Complaint?
A person who has not been paid the wages or other benefits they are owed by their employer may file a back wage claim form with the Wage and Hour Division of the federal Department of Labor. The Division processes the claim and recovers the unpaid wages for the employee.
A person may also file an unpaid wages lawsuit in a Florida civil court. They would choose the right court depending on the amount of money they seek to recover. They may recover up to $8.000 in a small claims court.
How Much Can I Claim for Unpaid Wages?
Under the federal Fair Labor Standards Act (FLSA), a person is entitled to be paid the highest minimum wage that applies where they work, whether it is local, state, or federal.
Currently, the Florida minimum wage, $13.00 per hour, is higher than the federal minimum wage, $7.25 an hour. So, in Florida, a person should be paid the Florida minimum wage or a higher local wage if there is a local minimum wage. For example, in West Palm Beach, employees of the city are paid more than Florida’s minimum wage rate.
When a person figures out how much their employer owes them in back pay, they want to calculate how much they were paid, if anything, and what they should have been paid. They would then multiply that amount by the number of hours for which they should be paid.
For example, an employer may have paid a person the federal minimum wage rather than Florida’s minimum wage. The person would want to calculate the difference between what they should have been paid under the Florida minimum wage and what they were paid under the federal minimum wage.
A person may also file an unpaid wages lawsuit in a Florida civil court. As noted above, if a person files their claim in a Florida civil court, in some situations, they may seek 3 times the actual amount they are owed. In addition, they may recover their attorney’s fees if they have an attorney representing them and their court costs.
What Are the Legal Consequences and Remedies for Unpaid Wages?
Of course, the amount a person can recover depends on how much their employer owes them. Generally speaking, they can recover the full amount of wages they are owed and possibly interest and attorney’s fees and costs.
In addition, they might be able to recover a penalty specified by Florida law, as noted above. Other penalties might be owed by the employer depending on state or federal law. A lawyer would be able to help a person determine exactly how much they might recover.
What Are the Remedies for Unpaid Wages?
In a lawsuit for unpaid wages that seeks the payment of overtime or wages that were less than the minimum wage, a person may be able to recover the following:
- The full amount of unpaid wages and benefits they are owed
- Interest on the full amount of unpaid wages and benefits
- Reasonable attorney’s fees and court costs.
As noted above, in some cases, in a lawsuit in a Florida court, they may be able to recover up to 3-times the amount they are owed in addition to attorney’s fees and costs.
How Can I Prove an Unpaid Wages Claim?
The information a person needs if they want to file a claim against their employer for unpaid wages is as follows:
- The name and address of the employer for whom the person worked.
- The name of the employer should be listed on pay stubs, mailing labels, and product labels. If a person cannot find the information, they can make a note of the vehicle.
- Any person acting as a supervisor or manager who violates a worker’s rights to wages license plate number and the make and model of the car or truck of the person who pays the worker. Benefits can sometimes also be held responsible.
A person needs to keep track of the time at which they begin and stop work every day. They should also make note of their meal and rest breaks and the total hours they work.
If a person is paid by contract or piece rate, they should still earn at least the minimum wage for each hour they work, so they want to keep track of the amount of time they spend on each contract or piece. A person should also keep every last pay stub they get from their employer. An employer should give an employee a pay stub or wage statement every time they are paid.
The pay stub or wage statement should state the employee’s name, wages earned, dates of the pay period, and their employer’s name, address, and telephone number. It should also show any deductions that were made for taxes or wage garnishments and the hours of sick leave or vacation time accrued, if any.
All of the information and documents listed above should help an employee determine if they have been paid what they are owed. They may also help them with their case if they must file a wage claim.
What Kind of Lawyer Do I Need for Unpaid Wages Claims?
If your employer has not paid you the wages or benefits that you are owed, you want to consult a Florida employment attorney. LegalMatch.com can quickly connect you to an attorney who can analyze your situation and guide you through the process of getting the full amount of money you are owed.
