Employment Law
FLSA
Wage & Hour Violations (FLSA & Florida Law)
Whether you’re an employee who isn’t being paid what you’ve earned—or an employer trying to comply with evolving wage laws—getting wage and hour law right is critical.
We represent both employees and employers in disputes involving unpaid wages, overtime violations, and misclassification under the Fair Labor Standards Act (FLSA) and Florida’s wage and hour laws.
Know Your Rights Under Wage & Hour Law
The FLSA sets federal minimum wage, overtime pay, and recordkeeping rules. Florida follows the FLSA but has its own minimum wage, which is higher than the federal rate and adjusts annually for inflation.
As of 2025, Florida’s minimum wage is $13.00/hour, and will increase to $15.00/hour by 2026 under Amendment 2.
Common Wage Violations
- Unpaid Overtime – Non-exempt employees must receive 1.5x their regular rate for hours worked over 40 in a week.
- Off-the-Clock Work – Employers must pay for all hours worked, including time spent opening/closing, cleaning up, or responding to calls/emails after hours.
- Employee Misclassification – Some employers wrongly classify workers as independent contractors or exempt employees to avoid paying overtime.
- Minimum Wage Violations – Employees must be paid Florida’s minimum wage, including tipped workers who fall below the tipped minimum.
- Meal Break and Rest Period Issues – While Florida does not require meal or rest breaks, if breaks are offered, time may still need to be compensated.
- Improper Wage Deductions – Employers cannot deduct for uniforms, equipment, or losses that bring pay below the minimum wage.
- Unpaid Final Paychecks – Wages must be paid in full when employment ends. Delays or withheld pay may violate the law.
For Employees
If your employer hasn’t paid you fairly or followed wage laws, you may be entitled to:
- Back pay (unpaid wages or overtime)
- Liquidated damages (often doubling the amount owed)
- Attorney’s fees and legal costs
- Protection from retaliation for asserting your rights
We’ll review your time records, pay stubs, job duties, and classification to determine if you have a claim—and help you pursue what you’re owed.
For Employers
Wage and hour compliance is a high-risk area for lawsuits and Department of Labor (DOL) audits. We help Florida employers:
- Audit job classifications (exempt vs. non-exempt)
- Review wage policies and practices
- Respond to DOL investigations or wage claims
- Defend against lawsuits for unpaid wages or overtime
- Draft compliant pay policies, bonus structures, and agreements
- Reduce risk related to remote work, contractors, and tip pooling
We also provide training for HR and management on timekeeping, recordkeeping, and wage compliance best practices.
Have a wage issue or compliance concern?
Whether you’re missing pay or managing payroll policies, we’re here to help. Contact us today for a consultation.
FAQ
Can I sue for unpaid overtime or wages?
Yes. You can bring a claim under the FLSA and/or Florida law. In many cases, you can recover double what you’re owed plus attorney’s fees.
What’s the difference between exempt and non-exempt employees?
Non-exempt employees are entitled to overtime; exempt employees are not—but they must meet specific criteria related to salary level and job duties. Many misclassifications are unintentional but still unlawful.
What if I’m paid a salary? Do I still get overtime?
It depends. Being salaried does not automatically mean you’re exempt from overtime. The law looks at your job duties, not just how you’re paid.
Can my employer deduct money from my paycheck?
Only in certain cases, and never if it brings your hourly wage below the minimum wage. Illegal deductions may be recoverable in court.
How long do I have to file a wage claim?
Generally, you have 2 years to file a claim under the FLSA—or 3 years if the violation was willful. Time is critical, so don’t delay.