You have the right to file a claim against your employer if they failed to pay what you earned. Federal and state laws grant you a path to recovering what you lost. Understanding what counts as damages in an unpaid wage claim is important.
Classifying earned wages under Florida law
Wage disputes involve determining what counts as a legally protected wage. There are different ways how Florida law and the federal Fair Labor Standards Act (FLSA) approach these wages:
- Regular hours and base salary: The salary you receive for all hours worked
- Overtime pay: The pay that is 1.5 times your regular rate for any hours worked over 40 in a week
- Commissions and bonuses: The pay you receive as earned wages after fulfilling specific conditions outlined in your employee agreement
- Vacation and paid time off: An optional benefit but can turn into a protected wage in a lawsuit if the employment agreement or company policy dictates they are payable upon separation
If you think that your employer owes you earned wages, you may file a claim against them.
Outlining the recoverable damages
Proving your claim successfully can result in recovering more than the original missing paycheck. Depending the statute violated, several types of damages may apply:
- Back pay: The payment your employer legally owed you but withheld
- Liquidated damages: The additional damage that equals your total back pay, which may only apply if the employer cannot prove they acted in good faith and did not have reasonable grounds to believe they were compliant
- Attorney’s fees and court costs: An award that covers legal fees as the prevailing party
Florida law allows for the recovery of pre-judgment interest. This compensates the worker for the time the money was wrongfully withheld, calculated from the date the wages were originally due up until the date the court issues its judgment.
Holding your employer responsible for their mistake
Wage and hour claims often stem from administrative errors or misunderstandings. When a dispute arises, the most efficient resolution often begins with a formal internal review of time-tracking and payroll records.
Clear documentation protects both employees and employers. However, if a mutual agreement cannot be reached or if the parties clash over contractual terms, seeking counsel from a wage and hour attorney is wise to gain further guidance in resolution.