Filing a Wage and Hour Claim – Florida

Does Florida have state overtime laws that are different from federal law?

Florida does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

Does Florida have a minimum wage that is different from federal law?

The current minimum wage in Florida is $7.93 per hour, as of January 1, 2012. However, employers can use tips and gratuities to reduce the required minimum wage to $4.29.

Does Florida have meal and rest break requirements, unlike federal law?

Florida does not have any meal or rest break requirements.

What are my time deadlines?

If you have a minimum wage claim, do not delay in contacting the Florida Department of Labor and Employment Security to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file with fours years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, it is not necessary to have an attorney to file your claim.

How can I or my attorney pursue a claim in court in Florida?

Employees can file a private lawsuit to recover unpaid minimum wages, liquidated damages in an equal amount, $1000 penalty per willful violation, and attorneys’ fees.

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.