Florida does not set one statewide pay frequency for every private employer. Wages required by the Fair Labor Standards Act, including federal minimum wage and overtime, are due on the regular payday for the pay period covered. Other unpaid compensation, such as salary, commissions, bonuses, or final pay, may depend on an employment agreement, compensation plan, or another legal claim. Different rules may also apply when a worker was misclassified as exempt or as an independent contractor.
At BT Law Group, PLLC, employment attorneys Jason D. Berkowitz and Anisley Tarragona help workers recover the pay they have earned. Our Miami wage rights lawyers assist employees throughout South Florida with unpaid wage claims, including unpaid overtime and wages withheld because of misclassification.
This guide explains Florida’s wage payment rules, deadlines for filing a claim, how unpaid commissions and overtime factor in, and the damages you may recover. Call BT Law Group, PLLC at (305) 507-8506 to schedule a consultation.
What Are Florida’s Wage Payment Laws?
Florida wage disputes do not all follow the same legal path. The applicable rule depends on the type of compensation withheld, including whether the claim involves minimum wage, overtime, commissions, bonuses, or another payment promised under an employment agreement.
- Florida Statute § 448.08 does not create a separate claim for unpaid wages. It allows a court to award costs and a reasonable attorney’s fee to the prevailing party in a qualifying unpaid wage action. The employee must still have a legal basis for recovering the wages, such as a breach of an employment agreement or a violation of an applicable wage law.
- Florida Statute § 448.110, known as the Florida Minimum Wage Act, sets the state’s minimum wage and provides remedies when an employer pays less than that rate. It authorizes recovery of the unpaid amount, plus liquidated damages, and includes a required notice step before an employee files suit for unpaid minimum wages.
Key Takeaway: Identify the type of unpaid compensation before choosing a legal claim. Minimum wage, overtime, and payment disputes based on a contract may involve different procedures and remedies.
What Records Can Show When Payment Was Due?
An employer’s established payroll schedule and compensation documents can help show when payment was due. Useful records may include pay stubs, direct deposit statements, offer letters, handbooks, and commission plans.
What Does Federal Law Require for Timely Pay?
Wages required by the FLSA, including federal minimum wage and overtime, are due on the regular payday for the pay period covered. When the exact amount of overtime cannot be calculated before that payday, the employer must pay it as soon as the amount can be determined and no later than the next payday after the calculation can be made.
The FLSA does not provide a collection remedy for every promised salary, commission, bonus, vacation pay, severance pay, or other amount above its minimum wage and overtime protections. A delayed payment involving those forms of compensation may depend on the employment agreement, compensation plan, or Florida law.
Wage Rights Attorneys in Miami – BT Law Group, PLLC
Jason D. Berkowitz, Esq.
Jason D. Berkowitz es socio fundador de BT Law Group, PLLC, y abogado laboral y de empleo en Miami. Representa a empleados en disputas sobre salarios y horas de trabajo, reclamos por clasificación incorrecta de trabajadores, discriminación, represalias, despido injustificado y asuntos relacionados con contratos de trabajo. Antes de cofundar BT Law Group, PLLC, Jason fue socio en la oficina de Miami de un bufete nacional de derecho laboral que representaba a empleadores, incluidas empresas de Fortune 100. Su experiencia representando a empleadores le brinda una perspectiva práctica sobre cómo las compañías evalúan los registros de nómina, defienden las clasificaciones de trabajadores y responden a los reclamos por salarios no pagados.
Jason obtuvo su Juris Doctor, cum laude, de la Facultad de Derecho de la Universidad de Miami. Litiga y lleva casos a juicio en tribunales federales y estatales, y también representa a clientes en procedimientos administrativos y arbitrajes, incluidos asuntos ante la American Arbitration Association.
Anisley Tarragona, Esq.
Anisley Tarragona es socia fundadora de BT Law Group, PLLC, y litigante de derecho laboral en Miami. Representa a empleados en reclamos por salarios no pagados, clasificación incorrecta, discriminación, acoso sexual, represalias y despido injustificado. Maneja disputas relacionadas con registros de nómina, políticas laborales y las razones que alega un empleador para retener la compensación, con una atención minuciosa a los hechos.
Al inicio de su carrera, Anisley ejerció en la oficina de Miami de un bufete nacional de derecho laboral y de empleo que representaba a empleadores. Esa experiencia le permite reconocer los argumentos y los registros en los que las compañías pueden apoyarse al responder a los reclamos de los empleados. Obtuvo su Juris Doctor de la Facultad de Derecho de la Universidad de Miami y está autorizada para ejercer en Florida, en los tres tribunales federales de distrito del estado y en la Corte de Apelaciones de los Estados Unidos para el Undécimo Circuito. Con dominio del español, Anisley se comunica directamente con los clientes hispanohablantes sobre sus inquietudes salariales y laborales.
How Long Can an Employer Delay Your Final Paycheck?
Florida does not have a general law requiring private employers to issue a final paycheck on the employee’s last day. Federal law does not require immediate payment either.
Minimum wage owed under the FLSA must be paid by the regular payday for the employee’s final pay period. Overtime is also due then unless the employer cannot calculate the amount in time. In that situation, the overtime must be paid as soon as practicable and no later than the next payday after the calculation can be made.
A final paycheck may also include earned commissions, nondiscretionary bonuses, or accrued paid time off when an agreement, compensation plan, or workplace policy requires payment. A commission plan may allow calculation or payment after employment ends, so the plan terms matter.
Key Takeaway: Different parts of a final paycheck may have different payment dates. Review the applicable agreement, plan, or policy before assuming that every amount was due on the employee’s last day.
Are Independent Contractors Covered by These Protections?
The FLSA’s minimum wage and overtime protections apply to employees, not bona fide independent contractors. A properly classified contractor may need to rely on a contract or another legal claim to collect unpaid invoices or compensation.
A signed contract does not determine FLSA employment status. Classification depends on the economic realities of the entire working relationship, including whether the worker is economically dependent on the company or is in business for themself. BT Law Group, PLLC can review those circumstances to assess whether the worker may have been misclassified.
Does Unpaid Pay Include Commissions or Bonuses?
Unpaid compensation is not limited to hourly wages or salary. Florida courts have treated unpaid commissions and bonuses due under an employment agreement as wages for purposes of § 448.08.
Commission and bonus disputes can turn on sales credit rules, performance targets, approval requirements, chargebacks, payment dates, plan amendments, and provisions that apply after employment ends. Section 448.08 may allow a court to award attorney’s fees in a qualifying unpaid wage case, but it does not create the underlying wage claim.
For a nonexempt employee, commissions and nondiscretionary bonuses may also affect overtime. Payments that belong in the regular rate must be included when overtime is calculated, even if the employer paid the commission or bonus but left it out of the overtime calculation.
Keep the compensation plan, offer letter, amendments, sales records, performance reports, pay statements, and messages about payment. These materials are especially important when a sale closes after termination, the plan changes, or the employer applies a chargeback.
BT Law Group, PLLC can compare the records with the plan terms to determine when the commission or bonus was earned, calculate the unpaid amount, and assess whether it should have been included in the overtime calculation.
Can Salaried or Exempt Employees Claim Unpaid Overtime?
Being paid a salary or having an exempt job title does not automatically remove overtime rights. The executive exemption requires payment of at least $684 per week on a salary basis, along with duties that meet the exemption. Most employees under the administrative or professional exemptions must also meet the $684 threshold on a salary or fee basis and satisfy the applicable duties test. Different rules apply to teachers, lawyers, doctors, outside sales employees, and certain computer employees.
If an employee’s pay or actual duties do not meet the exemption requirements, the employee may have been misclassified and may seek unpaid overtime for covered workweeks within the filing period. The calculation may also need to include commissions, nondiscretionary bonuses, or other compensation that belongs in the regular rate.
Attorney Anisley Tarragona can review an employee’s actual duties, pay method, and work hours to assess whether an exemption applies and estimate any unpaid overtime that may be owed.
What Can Increase the Value of an Unpaid Wage Claim?
An unpaid wage claim may involve more than one missed paycheck. An individual claim can become larger when unpaid overtime continued across many workweeks, commissions or nondiscretionary bonuses were excluded from the regular rate, or earned compensation remained unpaid after termination. A collective or class claim may also be possible when the same pay practice affected several employees, but each worker’s recovery depends on that worker’s hours and unpaid compensation.
Calculating the full value of a wage claim may require reviewing time records, payroll data, commissions, and bonuses for each workweek. That review may identify unpaid hours, changes in the regular rate, and compensation omitted from the overtime calculation.
Do You Have to Notify Your Employer Before Suing?
A written notice is required before filing a lawsuit under the Florida Minimum Wage Act. The notice must identify the minimum wage claimed, the actual or estimated work dates and hours involved, and the total alleged unpaid wages through the date of the notice. The employer then has 15 calendar days after receiving the notice to pay or resolve the claim. This requirement does not apply to claims brought under the FLSA. It also does not govern contract claims involving commissions or bonuses.
What Should You Do If Your Employer Hasn’t Paid You?
If your employer hasn’t paid you on your regular payday, here are steps you can take:
- Communicate with your employer: Ask why the payment was missed and request correction of any payroll error. Keep the exchange in writing when possible.
- Document everything: Keep detailed records of your work hours, pay stubs, commission or bonus statements, and any communication with your employer about missed payments.
- Get legal advice: An employment attorney can review your records, identify the type of claim involved, and explain the filing deadline that may apply. Call BT Law Group, PLLC at (305) 507-8506 to schedule an appointment.
- File the appropriate claim: The U.S. Department of Labor’s Wage and Hour Division can investigate FLSA minimum wage and overtime violations. A claim for salary, commissions, bonuses, paid time off, or other promised compensation may require a different state law or contract action.
What Happens to Employers Who Withhold Wages?
The consequences depend on the legal claim and the nature of the violation. Possible outcomes include the following:
- Civil penalties: Employers that repeatedly or willfully violate the FLSA’s minimum wage or overtime requirements may face civil monetary penalties in addition to the wages and damages owed. The maximum penalty is adjusted periodically for inflation.
- Liquidated damages: A successful FLSA minimum wage or overtime claim may include the unpaid amount plus an equal amount as liquidated damages. A court can reduce or deny the additional amount if the employer proves good faith and reasonable grounds. The Florida Minimum Wage Act has a similar remedy. Commission and bonus claims do not receive double damages automatically.
- Attorney’s fees and costs: The FLSA and Florida Minimum Wage Act provide attorneys’ fees and costs to a prevailing employee.
A wage rights attorney can identify the law supporting the claim and explain whether liquidated damages, attorneys’ fees, or other relief may be available in addition to the unpaid compensation.
How Long Do You Have to File an Unpaid Wage Claim?
Filing deadlines depend on the law that supports the claim. Missing the applicable period can prevent recovery, so the claim should be identified and evaluated promptly. Claims based on a compensation agreement or another legal theory may follow a different deadline.
The main filing periods are summarized below:
| Claim Type | Standard Deadline | Extended Filing Period |
|---|---|---|
| FLSA minimum wage or overtime | 2 years | 3 years for a willful violation |
| Florida Minimum Wage Act | 4 years | 5 years for a willful violation |
| Other Florida wage or overtime action covered by § 95.11(5)(c) | 2 years | No separate extension provided by § 95.11(5)(c) |
Legal Options for Recovering Unpaid Wages in Miami
If your employer missed a payday, shorted your final paycheck, or withheld commissions, bonuses, or overtime, you may have options under Florida or federal law.
Attorneys Jason D. Berkowitz and Anisley Tarragona represent workers throughout Miami and South Florida in wage and hour disputes. They can identify the wage law that may apply, review the supporting records, and explain the filing requirements for the claim.
Call BT Law Group, PLLC at (305) 507-8506 to discuss your unpaid wage, commission, bonus, or overtime claim. Our office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, serving employees across Miami and the surrounding areas.
Frequently Asked Questions
How long can an employer legally go without paying you in Florida?
An employer cannot postpone FLSA minimum wage or overtime beyond the regular payday for the covered pay period, subject to the limited rule for overtime that cannot yet be calculated. Florida does not impose one pay schedule on every private employer, so salary, commissions, bonuses, and other promised compensation may follow an established payroll schedule or employment agreement.
When should I receive my final paycheck after leaving a job?
Florida private employers are not subject to a separate law requiring payment on the employee’s final day. Federal minimum wage is due on the normal payday. Overtime is also due then unless it cannot yet be calculated. In that situation, it must be paid as soon as practicable and no later than the next payday after the amount can be determined. The timing of commissions, bonuses, and paid time off depends on the applicable plan, agreement, or policy.
Are unpaid commissions and bonuses considered wages?
They may be. When an employment agreement makes a commission or bonus payable, Florida courts may treat it as wages. The plan should be reviewed to determine when the amount was earned, how it should be calculated, and whether the end of employment affects payment.
Can I claim overtime if I am paid a salary?
Possibly. Overtime wage eligibility depends on the employee’s actual duties and the applicable pay test, not simply on receiving a salary or having a particular title. Many executive, administrative, and professional exemptions use the $684 weekly threshold, while some occupations follow different rules.
Do I have to warn my employer before filing a minimum wage lawsuit?
A written notice is required before filing a claim under the Florida Minimum Wage Act. The employee must then give the employer 15 calendar days to pay or resolve the claim. This notice requirement does not apply to claims brought under the FLSA or to contract claims involving commissions or bonuses.
How long do I have to file an unpaid wage claim in Florida?
Different types of unpaid wage claims have different filing deadlines. FLSA minimum wage and overtime actions must be filed within two years, or within three years for a willful violation. Florida Minimum Wage Act claims allow four years, or five years if the violation was willful. Other wage, commission, bonus, or contract claims may use a different filing period.
What can I recover if my employer withheld my pay?
Available recovery may include the unpaid compensation itself. FLSA and Florida minimum wage claims may also permit liquidated damages and attorneys’ fees and costs. Claims involving salary, commissions, or bonuses follow the agreement and other applicable law, so those additional remedies are not automatic.
