Can I sue an employer for unpaid wages in Florida?

Under Florida law, an employee who is not paid wages may bring a claim in civil court. The law provides that, if the employee prevails in recovering wages in court, the employee may further recover attorney’s fees and court costs. Wages would include hourly pay, salary, commissions and non-discretionary vested bonuses.

Additionally, under federal law, specifically the Fair Labor Standards Act (FLSA), most employers are required to pay non-exempt employees the prevailing federal minimum wage for hours worked, as well as overtime pay (usually one and a half times the employee’s regular hourly rate) for time worked in excess of 40 hours per week. There are certain employees who are exempt from being paid overtime. Those exemptions are set forth in the FLSA, but include professionals (doctors, lawyers, accountants, etc), executives (including supervisors and managers whose duties primarily involve supervising two or more employees and have authority or input into personnel decisions relating to employees) and administrators (those whose duties require use of independent judgment, as compared to performing work as instructed). There are additional exemptions that may apply to certain jobs and certain industries. An employee who believes he or she may be entitled to overtime pay should consult with an attorney.

Florida also provides for a minimum wage for employees working in the state. This minimum wage is set by the state and may be higher than the federal minimum wage. Therefore, employees working in Florida who have not been paid minimum wage may have a claim under both the federal and state law.

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