In Florida, as in the rest of the United States, employees have the right to be paid for their work. However, sometimes employers fail to pay their workers on time or at all. This situation can leave employees wondering: how long can an employer legally go without paying you in Florida?

Florida’s Wage Payment Laws

Florida doesn’t have a specific state law that dictates how often employers must pay their employees. Instead, the state primarily relies on federal laws, particularly the Fair Labor Standards Act (FLSA), to govern wage payment practices.

However, Florida does have some relevant statutes that come into play when discussing wage payments:

1. Florida Statute § 448.08 allows employees to recover unpaid wages through civil action.
2. Florida Statute § 448.110, known as the Florida Minimum Wage Act, sets the state’s minimum wage and provides for damages in cases of unpaid minimum wages.

Frequency of Pay

While Florida doesn’t mandate how often employees must be paid, most employers typically pay their workers weekly, bi-weekly, or monthly. The agreed-upon pay schedule should be clearly communicated to employees and adhered to by the employer.

Federal Law Requirements

Under the FLSA, there’s no specific timeframe within which employers must pay their employees. The FLSA requires that employers pay employees their wages, including overtime, on the regular payday for the pay period covered.

This means that while there’s no maximum time limit set for how long an employer can go without paying you, they are obligated to pay you on your established payday.

How Long Does an Employer Have to Give You Your Last Paycheck?

While Florida doesn’t have a specific law requiring immediate payment of final wages upon termination, the general rule is that an employee should receive their final paycheck on or before the next regular payday, although there could be exceptions.

What About Independent Contractors?

It’s worth noting that these wage payment laws typically apply to employees, not independent contractors. If you’re properly classified as an independent contractor, your payment terms should be governed by your contract with the company.

However, misclassification of employees as independent contractors is a common issue, and if you believe you’ve been misclassified, you may have some recourse under wage and hour laws.

What to Do If You’re Not Getting Paid

If your employer hasn’t paid you on your regular payday, here are some steps you can take:

1. Communicate with Your Employer: Try to resolve the issue directly with your employer. There might be a simple explanation or oversight that can be quickly corrected.
2. Document Everything: Keep detailed records of your work hours, pay stubs, and any communication with your employer regarding missed payments.
3. Contact Our Employment Law Attorneys: If your employer continues to withhold your wages, seek legal advice. Our employment law attorneys at BT Law Group can help you understand your rights, evaluate your case, and guide you through the process of recovering your unpaid wages.
4. File a Complaint: If you are not provided the wages you are owed, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD) or pursue other legal avenues, such as filing a lawsuit in court.

Potential Consequences for Employers

Employers who fail to pay their workers can face several consequences:

• Civil Penalties: Under the FLSA, employers who willfully or repeatedly violate minimum wage or overtime pay requirements can face civil penalties of up to $1,000 per violation.
• Liquidated Damages: In many cases, employees who successfully sue for unpaid wages, including unpaid overtime, can recover not only the wages owed but also an equal amount in liquidated (or double) damages.
• Attorney’s Fees and Costs: If an employee prevails in a wage claim lawsuit, the employer may be required to pay the employee’s attorney’s fees and court costs.

How Long Do You Have to File an Unpaid Wage Claim?

It’s important to note that there are time limits for filing wage claims:

• Under the FLSA, employees generally have two years from the date of the violation to file a lawsuit for unpaid wages. This extends to three years for willful violations.
• Under the Florida Minimum Wage Act, the statute of limitations for an action to recover wages is typically four years but can be extended to five years for willful violations.

Unpaid Wages? Get Legal Help from BT Law Group

While Florida law doesn’t specify the maximum time an employer can go without paying you, both state and federal laws provide protections for employees to ensure they receive their earned wages. If you’re not being paid what’s owed to you, it’s important to take action promptly.

At BT Law Group, we have extensive experience in handling wage and hour disputes. Our attorneys can provide guidance on the complexities of Florida and federal wage laws and advocate for your rights if you’ve been denied proper payment for your work, including unpaid overtime, or if you were misclassified as an exempt employee.

Remember, every situation is unique, and the specific circumstances of your case may affect your options and potential outcomes. If you’re facing issues with unpaid wages in Florida, don’t hesitate to reach out to the experienced employment law attorneys at BT Law Group for a consultation.