Wage and hour laws exist to make sure employees are paid what they’re owed. Still, many workers are underpaid, denied overtime, or misclassified by their employers. If you think your paycheck isn’t reflecting your time and effort, you’re not alone. A Miami labor law attorney can help you understand your rights and recover the money you’ve earned.
What Are Florida Wage and Hour Laws?
Wage and hour laws protect workers’ pay. These laws come from both federal and Florida state rules. The most well-known is the Fair Labor Standards Act (FLSA). It covers:
- Minimum wage: As of 2025, Florida’s minimum wage is $13.00/hour and increases annually.
- Overtime pay: Non-exempt employees must be paid 1.5x their regular rate for any hours over 40 in a week.
- Work breaks and meal periods: Florida law does not require breaks for adults, but minors must get meal and rest periods.
- Record keeping: Employers must keep accurate time and pay records.
If your employer fails to follow these laws, you may be entitled to back pay, damages, and even attorney’s fees.
Common Wage Violations
- Unpaid Overtime: You worked more than 40 hours but didn’t get time-and-a-half pay.
- Off-the-Clock Work: Your employer asked you to work before clocking in or after clocking out.
- Misclassification: You’re labeled as an “independent contractor” or “exempt” when you shouldn’t be.
- Illegal Deductions: Your paycheck is missing money for uniforms, tools, or damages.
- Minimum Wage Violations: You’re being paid below Florida’s minimum wage, even with tips.
Any of these may qualify you to file a legal claim. A Miami labor law attorney can evaluate your case and explain your next steps.
What to Do If You’re Not Being Paid Fairly
- Track Your Hours: Keep your own record of time worked and wages received.
- Gather Proof: Save pay stubs, time sheets, texts, and emails.
- Report the Violation: You can file a complaint with the U.S. Department of Labor or Florida Department of Economic Opportunity.
- Contact an Unpaid Wages Lawyer: An attorney can help you recover lost wages and file a lawsuit if needed.
Don’t let fear of retaliation stop you—federal law protects workers who speak up about wage violations.
How a Labor Lawyer Can Help
A labor lawyer specializes in workplace rights. They handle issues like unpaid wages, wrongful termination, harassment, and discrimination. If you’ve been underpaid, an unpaid wages lawyer can:
- Investigate your pay records
- File complaints with government agencies
- Represent you in settlement talks or court
- Help you win back pay and damages
Most cases settle before going to trial, but a good attorney is prepared to fight for you either way.
Florida Unpaid Wages Law FAQs
What kind of lawyer do I need for unpaid wages?
You need a labor lawyer or employment lawyer who handles wage and hour violations. Look for someone experienced in Florida labor law.
What is a labor lawyer?
A labor lawyer is a legal professional who helps workers with job-related issues like unpaid wages, discrimination, harassment, and contract disputes.
What does a labor lawyer do?
Labor lawyers provide legal advice, negotiate settlements, and represent clients in court or with government agencies. They work to protect your rights and recover what you’re owed.
How much does a labor lawyer cost?
Many labor lawyers work on a contingency basis, meaning they only get paid if you win your case. Others may charge hourly or offer flat fees. Ask about pricing during your initial consultation.
How long do I have to file a wage claim in Florida?
You typically have two years to file a wage claim, or three years if the violation was willful. Don’t delay—waiting too long can hurt your chances.
Can I be fired for complaining about unpaid wages?
No. Retaliation is illegal. If your employer punishes you for speaking up, you may have an additional claim for retaliation.
How can I find a Miami labor law attorney?
Search online, check the Florida Bar website, or ask for referrals. Look for someone who focuses on wage disputes and offers free consultations.
If you’re not being paid fairly, don’t stay silent. A Miami labor law attorney can help you take action and get what you deserve.