Florida workers are entitled to be paid what they’ve earned, on time and in full, under the Fair Labor Standards Act (FLSA). When an employer fails to pay minimum wage, overtime, or other promised compensation, employees may have legal options to recover those unpaid amounts. Depending on the circumstances, wage claims in Florida can be pursued under federal and/or state law, each with its own procedural requirements and filing deadlines.
At BT Law Group, PLLC,Miami employment attorneys Jason D. Berkowitz and Anisley Tarragona represent employees throughout Miami-Dade, Broward, and Palm Beach counties who are owed wages their employers failed to pay. Ourwage and hour lawyers handle claims involving unpaid overtime, withheld final paychecks, misclassification, and wage theft under both federal and Florida law.
This guide explains which laws protect your right to wages, the steps required before filing suit in Florida, filing deadlines for wage claims, and what damages you can recover. Call BT Law Group, PLLC at (305) 507-8506 to speak with Jason D. Berkowitz or Anisley Tarragona about your unpaid wage claim.
What Federal and Florida Laws Protect Your Right to Wages?
Both federal and Florida law require employers to pay covered employees at least minimum wage for all time worked. The Fair Labor Standards Act (FLSA) is the federal law that governs minimum wage, overtime pay, and child labor standards for covered workers. Additionally, nonexempt employees must receive overtime pay of at least one and one-half times their regular pay rate for all hours worked over 40 hours per work week.
The Florida Minimum Wage Act (FMWA) sets Florida’s minimum wage and provides protections for covered employees. Effective September 30, 2025, Florida’s minimum wage is $14.00 per hour (and the required direct cash wage for tipped employees is at least $10.98 per hour, plus tips) through September 29, 2026. Because Florida law does not create separate overtime rules, FLSA overtime standards generally govern overtime pay for Florida employees.
What Steps Must You Take Before Filing a Wage Lawsuit in Florida?
The process for recovering unpaid wages differs depending on whether you file under federal or Florida law.
Filing Under the Fair Labor Standards Act
Under the FLSA, covered employees can file a civil lawsuit against their employer to recover unpaid wages, liquidated damages, and attorneys’ fees. You can file your lawsuit in federal or Florida state court. Importantly, you do not need to notify your employer before filing an FLSA lawsuit. This allows you to move quickly if your employer has failed to pay wages you earned.
Filing Under the Florida Minimum Wage Act
Florida law requires specific steps before you can file suit for unpaid minimum wages. First, you must send your employer written notice of your intent to file a lawsuit. The notice must include the minimum wage you are entitled to receive, the work dates and hours for which you seek payment, and the total amount of unpaid wages owed through the date of the notice.
Once your employer receives this notice, they have 15 days to pay the unpaid wages or resolve the claim to your satisfaction. If your employer fails to act within 15 days, you may file a lawsuit for unpaid minimum wages. This pre-suit notice requirement applies only to FMWA claims, not to federal FLSA claims.
Key Takeaway: Federal FLSA claims do not require pre-suit notice to your employer. Florida FMWA claims require written notice and a 15-day waiting period before you can file suit. Missing these steps can jeopardize your ability to recover wages.
Wage and Hour Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz is a founding partner of BT Law Group, PLLC, and a Miami-based labor and employment attorney. Before launching BT Law Group, Jason was a partner in the Miami office of a national labor and employment firm representing management exclusively. This experience gives him unique insight into how employers approach wage and hour disputes and how to build strong claims for employees.
Jason earned his J.D., cum laude, from the University of Miami School of Law in 2008 and his B.A. from Tufts University in 2003. He is admitted to practice in Florida and before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the U.S. Court of Appeals for the Eleventh Circuit. He also served on a Florida Bar Grievance Committee for multiple years, including as Chair.
Anisley Tarragona, Esq.
Anisley Tarragona is a founding partner of BT Law Group, PLLC, and a Miami-based litigator focused on resolving employment disputes and protecting workers’ rights. Before launching BT Law Group, Anisley practiced under the Miami office of a national labor and employment law firm representing management exclusively. This background allows her to anticipate employer defenses and build effective strategies for employees seeking unpaid wages.
Anisley earned her J.D. from the University of Miami School of Law in 2007 and her B.S.B.A. from the University of Central Florida in 2004. Born and raised in Cuba, she is fluent in Spanish and frequently advises Spanish-speaking clients. Anisley is admitted to practice in Florida and before the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida, as well as the U.S. Court of Appeals for the Eleventh Circuit. She is known for her assertive approach and attention to detail in challengingemployment cases.
What Are the Deadlines for Filing Unpaid Wage Claims in Florida?
Strict time limits apply to wage claims in Florida. If you miss these deadlines, you may lose your right to recover wages you earned.
Under the FLSA, you must file a lawsuit within two years from the date your claim arose. If your employer willfully or deliberately violated the FLSA, a three-year statute of limitations applies. For example, if your employer deliberately failed to pay overtime wages you earned, you have three years to file suit.
Under the FMWA, the statute of limitations is generally four years, or five years for a willful violation. These longer deadlines apply to state minimum-wage claims, but other Florida wage-related claims can have different deadlines (including a two-year limitations period for an action to recover wages or overtime).
Different statutes of limitations may apply depending on the specific claims you assert or where you file your lawsuit. For instance, if you file a breach of contract claim for unpaid wages, different time limits may govern your case.
Time is critical in wage cases. Jason D. Berkowitz and Anisley Tarragona can evaluate when your claim arose and ensure you file within the applicable deadline. Call BT Law Group, PLLC at (305) 507-8506 for immediate assistance.
Statute of Limitations for Wage Claims
| Law | Standard Deadline | Willful Violation Deadline |
| Fair Labor Standards Act (FLSA) | 2 years | 3 years |
| Florida Minimum Wage Act (FMWA) | 4 years | 5 years |
What Types of Unpaid Wage Claims Can You Bring in Florida?
Florida employees may have multiple potential claims against an employer who failed to pay wages owed. The specific claims available depend on the facts of your case.
Unpaid pay disputes may include failure to pay minimum wage, failure to track hours worked, failure to pay overtime, misclassification, improper automatic meal-break deductions when the employee was not fully relieved of duties, off-the-clock work, and (in some situations) unreimbursed job expenses. Other items, like unused vacation/PTO, commissions, and bonuses, are generally driven by the employer’s policy or an agreement/contract, because federal wage law does not require employers to provide or pay out vacation benefits.
Misclassification occurs when an employer improperly classifies an employee as exempt under the FLSA, thereby wrongfully disqualifying the employee from overtime pay. Misclassification also includes improperly classifying a worker as an independent contractor instead of an employee, which impacts the worker’s rights under federal and Florida law.
Whether you can assert a particular claim depends on your specific situation. For instance, if your employer in Miami classified you as exempt from overtime but you regularly performed nonexempt duties, you may have a misclassification claim for unpaid overtime wages.
What Damages Can You Recover for Unpaid Wages in Florida?
If you successfully bring a lawsuit against your employer for unpaid wages, you may be entitled to several forms of monetary recovery. The amount you can recover depends on the facts of your case and the claims you assert.
You may recover the actual amount of unpaid or back wages your employer failed to pay. This includes all wages, overtime pay, commissions, or other compensation you earned but did not receive.
You may also recover liquidated damages, which is a monetary amount equal to the unpaid wages you should have received. Liquidated damages essentially double your recovery under the FLSA and FMWA. In some cases, such as under the Miami-Dade County Wage Theft Ordinance, an employee may be awarded liquidated damages (2x unpaid wages) and, where applicable, treble damages (3x unpaid wages) under the ordinance’s remedies framework.
Finally, you may recover reasonable attorney’s fees and court costs. This provision allows employees to pursue wage claims without worrying about the cost of hiring an attorney. Because the employer typically must pay your attorney’s fees if you win, you can hold employers accountable for wage theft without bearing the financial burden.
Can You File a Complaint with the Department of Labor Instead of Filing a Lawsuit?
In addition to filing a lawsuit, Florida employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division. The Wage and Hour Division investigates wage violations and can recover back wages on your behalf. This option does not require you to hire an attorney or file a lawsuit in court.
You may also be able to file a claim in the Florida small claims court if your claim is $8,000 or less. Small claims court provides a simpler, faster process for smaller wage disputes.
Filing a wage claim can be complicated, and multiple avenues may be available to you for recovery. An employment attorney can help you determine which option gives you the strongest chance of recovering the wages you earned.
Are You Protected from Retaliation for Claiming Unpaid Wages?
Florida employees often fear losing their jobs or facing punishment for asserting their wage rights. However, both the FLSA and FMWA prohibit employers from retaliating against employees who complain about or attempt to assert their rights under these laws.
Prohibited retaliation includes termination of employment, reduction in work hours or pay, demotion, and harassment. For example, if you verbally complain to your supervisor about not receiving overtime wages and your supervisor fires you in response, this conduct is likely unlawful under the FLSA.
If your employer retaliates against you for asserting your wage rights, you may have a separate retaliation claim in addition to your unpaid wage claim. Under the FLSA, available relief can include legal or equitable relief, such as reinstatement and the payment of lost wages plus an additional equal amount as liquidated damages. Under Florida’s minimum-wage law, prevailing employees may obtain appropriate legal or equitable relief, but punitive damages are not available under the FMWA framework.
Get Help from a Miami Wage and Hour Attorney
Your employer owes you every dollar you earned. When employers fail to pay wages, cut corners on overtime, or misclassify employees to avoid paying what they owe, workers suffer financially and emotionally. Florida and federal law give you the right to recover unpaid wages, liquidated damages, and attorney’s fees, but strict deadlines apply.
Jason D. Berkowitz and Anisley Tarragona have over 30 years of combined employment law experience representing employees in wage and hour disputes throughout Miami, Florida. At BT Law Group, PLLC, we handle claims involving unpaid overtime, withheld final paychecks, minimum wage violations, misclassification, and wage theft. We know how employers defend these cases because we used to represent management at national labor and employment firms. We use that insight to build strong claims for employees.
Call BT Law Group, PLLC at (305) 507-8506 to speak with Jason D. Berkowitz or Anisley Tarragona about your unpaid wage claim. Our offices in Miami and West Palm Beach serve employees throughout Miami-Dade, Broward, and Palm Beach counties.
