Use this unpaid wages guide to build a clear demand letter for Miami.
Understanding Unpaid Wages Issues in Miami, Florida
Miami's diverse economy, spanning hospitality, healthcare, construction, technology, international trade, and professional services, employs hundreds of thousands of workers who depend on timely and complete payment of their wages. From hotel workers in Miami Beach to construction laborers in Doral, from restaurant servers in Brickell to healthcare workers throughout Miami-Dade County, employees across all industries sometimes face employers who fail to pay wages owed. Understanding your rights when an employer fails to pay is essential for any Miami worker.
While Florida is one of the few states without a comprehensive state wage payment law, Miami workers are protected by federal law through the Fair Labor Standards Act (FLSA), which establishes minimum wage requirements, overtime pay obligations, and provides strong remedies for wage theft including liquidated damages equal to the unpaid wages. Additionally, Florida's constitutional minimum wage (Article X, Section 24) provides wage protections that exceed federal minimums, and Miami-Dade County has adopted additional wage theft protections through local ordinance.
Wage theft takes many forms: failure to pay agreed-upon wages, non-payment for hours worked, improper deductions from paychecks, failure to pay overtime at the required rate, misclassification of employees as independent contractors to avoid wage obligations, requiring off-the-clock work, and failure to pay final wages after termination. These violations are unfortunately common in Miami's economy, particularly in industries with many low-wage workers or cash-based transactions.
A well-written demand letter is often the most effective first step in recovering unpaid wages. It demonstrates you know your legal rights, creates a formal record of your claim, and often motivates employers to pay rather than face the doubled damages and attorney's fees available under federal law. Many wage disputes resolve quickly after a proper demand letter because employers understand the significant legal and financial consequences of non-compliance.
This comprehensive guide provides Miami-Dade County workers with detailed information about federal and state wage laws, step-by-step instructions for documenting wage violations and drafting effective demand letters, explanations of critical deadlines and procedures, and information about resources available to help recover unpaid wages. Whether you are currently employed by a non-paying employer, have recently been terminated without receiving final wages, or left a job months ago with wages still owed, this guide will help you understand and assert your rights as a Miami worker.
Wage and Hour Laws Protecting Miami Workers
The Fair Labor Standards Act (FLSA), codified at 29 U.S.C. Sections 201-219, is the primary federal law protecting workers' rights to be paid for their labor. The FLSA establishes minimum wage requirements, overtime pay requirements for non-exempt employees, recordkeeping requirements for employers, and provides remedies for workers who are not paid properly. The FLSA applies to employees of enterprises engaged in interstate commerce with annual gross sales of at least $500,000, and to employees individually engaged in interstate commerce regardless of employer size. Given Miami's role as an international trade hub, most Miami employers are covered.
Minimum Wage: The federal minimum wage under the FLSA is $7.25 per hour. However, Florida's constitutional minimum wage (Article X, Section 24, Florida Constitution) is higher and supersedes the federal rate. As of 2026, Florida's minimum wage is substantially above the federal minimum and increases annually based on inflation and scheduled increases from a 2020 constitutional amendment. Tipped employees may be paid a lower direct wage if tips bring their total hourly compensation to at least the minimum wage; if tips are insufficient, the employer must make up the difference.
Overtime: Under the FLSA, non-exempt employees must receive overtime pay at one and one-half times their regular rate for all hours worked over 40 in a workweek. Certain employees are exempt from overtime requirements, including executive, administrative, and professional employees meeting specific salary and duties tests. Misclassification of non-exempt employees as exempt is a common wage violation. Florida law does not provide additional overtime protections beyond the FLSA.
Wage Payment Requirements: Unlike many states, Florida does not have a comprehensive state law requiring employers to pay wages at specific intervals or within certain timeframes after termination. However, federal law requires that covered employers pay minimum wage and overtime when due. Failure to pay agreed-upon wages may also constitute breach of contract actionable under Florida law.
Miami-Dade County Wage Theft Ordinance: Miami-Dade County has enacted a Wage Theft Ordinance (County Code Section 22-5) providing additional protections for workers. The ordinance creates an administrative process for recovering unpaid wages through the Miami-Dade Commission on Human Rights. Complaints can be filed within one year of the wage theft. The ordinance allows for recovery of unpaid wages plus administrative costs and provides for potential penalties against employers who fail to comply with payment orders.
FLSA Remedies: The FLSA provides powerful remedies for workers who are not paid properly. Under 29 U.S.C. Section 216(b), employees can recover: unpaid minimum wages or overtime compensation; an additional equal amount as liquidated damages (effectively doubling recovery); reasonable attorney's fees; and court costs. The liquidated damages provision is particularly important because it means that for every dollar of unpaid wages, you may recover two dollars. Courts may deny liquidated damages only if the employer proves it acted in good faith with reasonable grounds to believe it was complying with the FLSA, which is a high bar for employers to meet.
Statute of Limitations: Under the FLSA, you must file a lawsuit within two years of the violation for non-willful violations, or within three years for willful violations. A willful violation occurs when the employer knew or showed reckless disregard for whether its conduct violated the FLSA. Most wage violations are found to be willful, allowing the three-year period. The limitation period runs from each pay period in which wages were not properly paid, so older violations may be time-barred while more recent ones remain actionable.
Contract Claims: In addition to FLSA claims, failure to pay agreed-upon wages may constitute breach of employment contract. Under Florida law, breach of written contract claims have a five-year statute of limitations (Florida Statutes Section 95.11(2)(b)), and oral contract claims have a four-year limitation period (Section 95.11(3)(k)). Contract claims may allow recovery of wages above minimum wage that might not be covered by the FLSA.
Retaliation Protections: The FLSA prohibits employers from retaliating against employees who file complaints, participate in proceedings, or otherwise assert their rights under the Act. If your employer terminates, demotes, reduces hours, or otherwise retaliates against you for asserting wage rights, you may have an additional retaliation claim with separate remedies.
Step-by-Step Guide to Unpaid Wages Demand Letters in Miami
Before writing any demand letter, determine precisely what wages are unpaid. Review your records of hours worked, pay stubs, pay rates, and any employment contract or offer letter. Calculate regular hours worked but not paid, overtime hours worked but not paid at the proper rate, minimum wage violations if you were paid below minimum wage, any improper deductions from your pay, and any other agreed-upon compensation not received. Be precise; vague claims are less credible than specific calculations.
Collect every document related to your employment and the wages owed: employment contracts, offer letters, or written agreements about pay; pay stubs showing what you were paid; timesheets, time cards, or other records of hours worked; personal records such as calendars, notes, or apps tracking your hours; emails or texts discussing wages, hours, or the dispute; bank records showing deposits or lack thereof; and any written communications about the unpaid wages. If you do not have time records, reconstruct your hours as accurately as possible based on your recollection and any supporting evidence.
Most Miami employers are covered by the FLSA, but verify coverage before citing it in your demand letter. Your employer is covered if the business has annual gross sales of at least $500,000 and is engaged in interstate commerce (which includes most businesses), or if you individually engage in interstate commerce or produce goods for interstate commerce. Given Miami's international trade economy, FLSA coverage is typically present. If coverage is uncertain, you still have potential claims under Florida contract law.
Employers sometimes misclassify employees as independent contractors to avoid wage obligations. The FLSA uses an 'economic reality' test focusing on factors like: the degree of control the employer exercises; your opportunity for profit or loss; your investment in equipment or materials; whether the work requires special skills; permanency of the relationship; and the degree to which services are integral to the employer's business. If you were treated as an employee (set hours, employer-provided equipment, supervised work), you may be misclassified regardless of what you were called.
Determine the proper legal name of your employer. Search the Florida Division of Corporations database (Sunbiz.org) to verify corporate names and identify registered agents for service of process. If you worked for a franchise, determine whether the franchisee or franchisor (or both) may be liable. Identify the employer's current address; demand letters must reach the right party to be effective.
Your demand letter should include: your name, address, and contact information; the employer's correct legal name and address; dates of your employment; your job title and duties; your pay rate and pay schedule; a detailed accounting of wages owed with calculations; reference to the Fair Labor Standards Act (29 U.S.C. Sections 201-219); reference to Florida's constitutional minimum wage if applicable; a statement of your right to liquidated damages under 29 U.S.C. Section 216(b); a statement of your right to attorney's fees; a specific demand amount; a deadline for response (typically 14 days); and consequences of non-payment.
Emphasize that the FLSA provides for liquidated damages equal to the unpaid wages, effectively doubling your recovery. Explain that courts deny liquidated damages only when employers prove good faith compliance efforts, which is difficult. This provision creates significant settlement pressure because employers risk paying twice what they owe plus attorney's fees.
The FLSA's attorney fee provision (29 U.S.C. Section 216(b)) means prevailing employees recover reasonable attorney's fees. Reference this in your demand letter; it demonstrates that you can pursue your claim even if the amount owed is modest, because an attorney can be compensated from the employer rather than from your recovery. This increases settlement pressure substantially.
Provide a specific deadline for the employer to respond and pay. Fourteen days is typically reasonable for wage demands. Make clear that you will pursue administrative complaints with the U.S. Department of Labor and/or the Miami-Dade Commission on Human Rights, and potential litigation if the demand is not satisfied.
Send your demand letter via certified mail with return receipt requested to create proof of delivery. Also send copies via email if you have email addresses for HR, payroll, and management. Consider sending to both the business address and the registered agent address if they differ.
Maintain copies of your demand letter, all supporting documentation, certified mail receipts, and the green return receipt card when returned. Create a file containing all materials related to your wage claim.
If the employer does not pay within your deadline, be prepared to: file a complaint with the U.S. Department of Labor Wage and Hour Division; file a complaint under the Miami-Dade Wage Theft Ordinance; consult with an employment attorney about litigation; or file a claim in court. The FLSA's fee-shifting provision makes attorney representation economically viable even for smaller claims.
Essential Evidence for Miami Unpaid Wage Claims
Employment Documentation: Gather all documents establishing your employment relationship and agreed-upon terms: employment contracts, offer letters, or written agreements specifying your pay rate, job duties, and schedule; employee handbooks or policy documents; W-4 forms or other tax documentation; I-9 employment verification forms; any written communications confirming your employment terms; and business cards, employee ID, uniforms, or other items showing you were an employee. This documentation establishes the baseline of what you should have been paid.
Pay Records: Collect all records showing what you were actually paid: pay stubs showing hours, rates, deductions, and net pay; bank statements showing direct deposits; copies of paychecks; year-end W-2 forms; and any correspondence regarding pay. Compare these records to what you should have been paid based on hours worked and agreed rates. Discrepancies form the basis of your claim.
Hours Worked Documentation: This is often the most critical and challenging evidence to gather. Collect: time cards, timesheets, or electronic time records if available; personal records such as calendars, planners, or scheduling apps noting your work hours; text messages or emails referencing your schedule or hours; badge-in/badge-out records or security footage timestamps; testimony from coworkers who can corroborate your hours; and GPS data or location history showing you were at work. If you do not have precise records, reconstruct your hours as accurately as possible. FLSA regulations place primary recordkeeping responsibility on employers; if they failed to keep records, courts allow employees to recover based on reasonable estimates.
Overtime Evidence: For overtime claims, document not just hours worked over 40 per week, but also: your regular rate of pay for calculating overtime; any bonuses, commissions, or non-discretionary compensation that should be included in the regular rate; and evidence that you were non-exempt from overtime (not meeting executive, administrative, or professional exemption criteria). Misclassification as exempt is a common employer violation.
Communications About the Dispute: Save all communications with your employer about the unpaid wages: emails discussing the missing pay; text messages about the issue; notes from meetings or phone calls (include date, time, participants, and what was said); and any written responses from the employer. These communications may show the employer knew it owed wages (relevant to willfulness) and document your attempts to resolve the issue.
Minimum Wage and Tip Records: For minimum wage claims or tipped employee claims, document: the hourly rate you were paid; any tip credits claimed by the employer; your actual tips received (if tipped employee); whether your total compensation reached minimum wage; and whether the employer informed you of tip credit provisions as required. Employers must ensure tipped employees' total compensation reaches minimum wage.
Misclassification Evidence: If you were misclassified as an independent contractor, gather evidence showing you should have been classified as an employee: the degree of control the employer exercised over how you did your work; whether you had set schedules or were required to work specific hours; whether the employer provided equipment, tools, or materials; whether you worked exclusively or primarily for this employer; whether the work was integral to the employer's business; and any company policies you were required to follow. These factors support employee status under the FLSA's economic reality test.
Retaliation Evidence: If you were retaliated against for complaining about unpaid wages, document: the date you complained about wages; what you complained about and to whom; any changes in your employment after complaining (termination, demotion, reduced hours, schedule changes, negative reviews); the timing between your complaint and adverse action; and any statements by supervisors or managers about your complaint. Close timing between protected activity and adverse action supports retaliation claims.
Critical Deadlines for Unpaid Wage Claims in Florida
FLSA Statute of Limitations - Two Years (Non-Willful): For non-willful FLSA violations, you must file a lawsuit within two years of the violation. The limitation period runs from each pay period in which wages were not properly paid, not from the end of employment. This means older violations may be time-barred even while recent ones remain actionable. A non-willful violation occurs when the employer did not know and did not recklessly disregard that its conduct violated the FLSA.
FLSA Statute of Limitations - Three Years (Willful): For willful FLSA violations, the limitation period extends to three years. A willful violation occurs when the employer knew or showed reckless disregard for whether its conduct violated the FLSA. Most wage violations are found willful because employers are expected to know basic wage laws. If an employer was informed of FLSA requirements and continued violating them, the violation is almost certainly willful.
Miami-Dade Wage Theft Ordinance - One Year: Complaints under the Miami-Dade County Wage Theft Ordinance must be filed with the Miami-Dade Commission on Human Rights within one year of the alleged wage theft. This administrative remedy provides a faster, less formal process than federal litigation and does not preclude other remedies.
Florida Contract Claims - Four or Five Years: For breach of employment contract claims under Florida law, the statute of limitations is five years for written contracts (Florida Statutes Section 95.11(2)(b)) and four years for oral contracts (Section 95.11(3)(k)). Contract claims may cover wages above minimum wage that exceed FLSA coverage.
U.S. Department of Labor Complaint - No Fixed Deadline: The U.S. Department of Labor Wage and Hour Division accepts complaints regarding FLSA violations without a fixed filing deadline, but the agency's ability to recover back wages is limited by the same two or three year limitation periods. Filing a DOL complaint does not toll (pause) the statute of limitations for private lawsuits, so do not rely solely on the administrative process if deadlines are approaching.
Demand Letter Response Period: When you send a demand letter, provide a reasonable response deadline. Fourteen days is typical for wage demands. This is not a legal requirement but establishes a clear timeline for escalation if the employer does not pay.
Filing Suit After Demand: If the employer does not respond satisfactorily to your demand letter, you should be prepared to file suit promptly. Given the running statute of limitations, do not delay filing once it becomes clear the employer will not pay voluntarily. Each pay period that passes without recovery may see older claims become time-barred.
Tolling Considerations: The statute of limitations is generally tolled (paused) when you file a lawsuit. It is NOT tolled by sending a demand letter, filing a DOL complaint, or filing a Miami-Dade administrative complaint. If limitation deadlines are approaching, consider filing suit to preserve your claims while pursuing other remedies simultaneously.
Collective Action Implications: Under the FLSA, employees can bring collective actions on behalf of similarly situated workers. The limitation period for other employees' claims continues to run until those employees affirmatively opt into the lawsuit. This affects strategy when multiple employees have been affected by the same wage practices.
Common Mistakes to Avoid in Miami Unpaid Wage Claims
Not Keeping Personal Records of Hours Worked: Many employees rely solely on employer time records, which may be inaccurate, manipulated, or unavailable when disputes arise. Keep your own records of hours worked, including start and end times, breaks, and any off-the-clock work. Apps, calendars, texts to family about your schedule, and other contemporaneous records are valuable evidence.
Waiting Too Long to Take Action: The FLSA's two or three year limitation period runs from each pay period, not from when you leave the job. Every pay period that passes may mean losing the right to recover for an older period. If you have unpaid wages, act promptly. Do not wait until years of violations have accumulated while older claims become time-barred.
Not Calculating Overtime Correctly: Overtime is calculated based on hours over 40 in a workweek at one and one-half times the regular rate. Common mistakes include: not knowing your correct regular rate (which includes non-discretionary bonuses and some other compensation); calculating overtime daily instead of weekly; using the wrong workweek; or accepting employer claims that certain hours 'don't count' toward the 40-hour threshold. Understand overtime calculation before making claims.
Accepting Independent Contractor Classification Without Analysis: Employers sometimes misclassify employees as independent contractors to avoid wage obligations. Just because an employer calls you an independent contractor does not make it true. Analyze the economic reality of your relationship. If the employer controlled how you worked, provided equipment, set your schedule, and integrated you into the business, you may be an employee entitled to FLSA protections regardless of classification.
Not Understanding What Qualifies for Overtime Exemption: Employers frequently misclassify employees as 'exempt' from overtime when they do not meet exemption requirements. Executive, administrative, and professional exemptions have specific salary and duties tests. Being salaried does not automatically make you exempt; you must perform exempt duties. If you were denied overtime and believe you were misclassified, investigate the exemption criteria.
Failing to Include All Compensation in Regular Rate: When calculating overtime rate, the regular rate must include not just hourly wages but also non-discretionary bonuses, shift differentials, and certain other compensation. Employers sometimes calculate overtime on base hourly rate alone when it should include additional compensation, resulting in underpaid overtime.
Not Documenting Retaliation: If you complain about unpaid wages and then face adverse employment actions (termination, reduced hours, bad shifts), document everything. Note the date of your complaint, what you complained about, and the timeline of subsequent adverse actions. Retaliation claims can provide additional remedies and strengthen your bargaining position.
Sending Vague or Unprofessional Demand Letters: Demand letters should be specific, professional, and legally grounded. Include precise calculations of amounts owed, cite applicable laws, and set clear deadlines. Vague demands like 'pay me what you owe' are less effective than detailed accountings supported by legal authority.
Not Pursuing Multiple Avenues Simultaneously: You have multiple options for recovering unpaid wages: direct demand, DOL complaint, Miami-Dade administrative complaint, and litigation. These are not mutually exclusive. Filing an administrative complaint does not prevent private litigation. Pursue multiple avenues if appropriate, but be aware that the statute of limitations continues running until you file a lawsuit.
Underestimating the Value of Attorney Representation: Because the FLSA provides for attorney fee recovery by prevailing employees, attorneys can take wage cases without upfront payment and receive their fees from the employer. This makes professional representation accessible even for modest claims. Do not assume you must pursue wage claims alone.
Frequently Asked Questions: Unpaid Wages in Miami
Florida's minimum wage is established by Article X, Section 24 of the Florida Constitution and is higher than the federal minimum wage. The rate increases annually based on inflation adjustments and scheduled increases from a 2020 constitutional amendment. As of 2026, the Florida minimum wage significantly exceeds the federal rate of $7.25. Check the Florida Department of Economic Opportunity website for the current rate. All covered employers must pay at least the higher Florida minimum wage.
Yes. Under 29 U.S.C. Section 216(b), employees who successfully prove FLSA violations can recover liquidated damages equal to the unpaid wages, effectively doubling recovery. For example, if you are owed $5,000 in unpaid wages, you may recover an additional $5,000 in liquidated damages, plus attorney's fees. Courts deny liquidated damages only if the employer proves good faith compliance efforts, which is a high bar. This provision creates strong settlement incentives.
Under the FLSA, you have two years from the date of a non-willful violation or three years for willful violations. Most violations are found willful, allowing three years. The limitation period runs from each pay period, not from the end of employment. The Miami-Dade Wage Theft Ordinance has a one-year filing period. Florida contract claims have four or five year limitation periods depending on whether the contract was oral or written.
If you were treated as an employee (controlled schedule, employer-provided equipment, supervised work, integrated into the business) but classified as an independent contractor, you may be entitled to minimum wage and overtime protections under the FLSA regardless of your classification. The FLSA uses an 'economic reality' test to determine employee status. File a complaint with the U.S. Department of Labor or consult an employment attorney to evaluate your misclassification claim.
Unlike many states, Florida does not have a state law requiring employers to pay final wages within a specific timeframe after termination. However, employers must still pay all wages earned under federal law and contractual obligations. If your employer fails to pay final wages, you can pursue FLSA claims for minimum wage and overtime violations, contract claims for agreed-upon wages, and complaints under the Miami-Dade Wage Theft Ordinance.
You have several options: file a complaint with the U.S. Department of Labor Wage and Hour Division (866-487-9243); file a complaint under the Miami-Dade County Wage Theft Ordinance with the Miami-Dade Commission on Human Rights (786-469-2440); or consult with an employment attorney about filing a private lawsuit. These options are not mutually exclusive; you can pursue multiple avenues simultaneously.
Yes. Under the FLSA (29 U.S.C. Section 216(b)), prevailing employees recover reasonable attorney's fees and court costs in addition to unpaid wages and liquidated damages. This fee-shifting provision makes it economically feasible to hire an attorney even for smaller claims, because the employer pays the attorney's fees if you win. Many employment attorneys take wage cases on contingency because of this provision.
Under FLSA regulations, employers are required to keep accurate records of hours worked. If your employer failed to maintain proper records, courts allow employees to recover based on reasonable estimates and approximations. You can use personal records, calendars, text messages referencing your schedule, testimony from coworkers, or other evidence to establish hours worked. The burden shifts to the employer to prove your estimates are inaccurate.
What to Expect When Settling Unpaid Wage Disputes in Miami
Settlement expectations for unpaid wage disputes in Miami depend on the strength of your evidence, the amount owed, the applicability of liquidated damages, and your willingness to pursue litigation. Understanding realistic expectations helps you evaluate offers and make informed decisions about whether to settle or proceed with legal action.
For straightforward cases with clear documentation of unpaid wages, settlements often approach or equal the full amount owed plus some portion of liquidated damages. Employers who receive well-documented demand letters citing the FLSA's doubled damages and attorney fee provisions frequently prefer settling to avoid worse outcomes in litigation. The threat of attorney fee liability is particularly powerful because it means the employer's exposure significantly exceeds the unpaid wages alone.
The FLSA's liquidated damages provision dramatically affects settlement dynamics. Because employees can potentially recover double the unpaid wages, employers facing strong claims have significant incentive to settle before litigation begins. In your demand letter, clearly state that you are entitled to liquidated damages and that courts deny them only when employers prove good faith, which is difficult to establish.
Similarly, the attorney fee provision increases employer exposure and settlement pressure. Even for smaller wage claims, the prospect of paying thousands of dollars in attorney's fees makes settlement attractive for employers. Reference this provision prominently in your demand letter.
Typical settlement timelines vary. Some employers respond quickly to demand letters, recognizing their legal exposure. Others require the threat or filing of litigation to take claims seriously. If you file a DOL complaint, the agency may facilitate resolution but the process can take months. Private litigation through an attorney often produces faster results due to aggressive pursuit of the claim.
When evaluating settlement offers, consider: the strength of your evidence documenting hours and wages; whether the violation was willful (affecting liquidated damages); the employer's financial ability to pay; the time and effort required for litigation; and the certainty of settlement versus uncertainty of trial. Sometimes accepting less than maximum potential recovery is worthwhile for quick, certain payment.
Employers sometimes offer settlements structured differently than your demand: payment over time, portion in cash and portion through company products or services, or conditional on signing broad releases. Evaluate such offers carefully. Cash settlements are generally preferable to alternatives. Be cautious about releases that waive unrelated claims.
Document all settlement discussions and get any agreement in writing. A settlement agreement should specify the exact amount to be paid, payment timing and method, whether you are releasing claims, and any tax implications (wage settlements have different tax treatment than some other recoveries). Consider having an attorney review settlement agreements.
Miami Wage Theft Resources and Contacts
U.S. Department of Labor Wage and Hour Division - Miami District Office: Investigates FLSA violations and can recover back wages on behalf of employees. Filing a complaint is free and confidential.
Address: 5757 Blue Lagoon Drive, Suite 280, Miami, FL 33126
Phone: (305) 598-6607
National Hotline: 1-866-487-9243 (1-866-4-USWAGE)
Website: dol.gov/agencies/whd
Miami-Dade Commission on Human Rights: Administers the Miami-Dade County Wage Theft Ordinance and investigates wage theft complaints against Miami-Dade employers.
Phone: (786) 469-2440
Address: Stephen P. Clark Center, 111 NW 1st Street, Suite 1120, Miami, FL 33128
Website: miamidade.gov/global/humanrights
Florida Legal Services - Miami Office: Provides free legal assistance to low-income workers including help with wage claims.
Phone: (305) 573-0092
Website: floridalegal.org
Legal Services of Greater Miami: Free legal assistance to low-income Miami-Dade residents including employment matters.
Phone: (305) 576-0080
Address: 4343 W. Flagler Street, Suite 100, Miami, FL 33134
Website: legalservicesmiami.org
Florida Bar Lawyer Referral Service: Provides referrals to attorneys who handle employment and wage cases.
Phone: 1-800-342-8011
Website: floridabar.org/public/lrs
WeCount! (Agricultural and Low-Wage Worker Advocacy): Assists immigrant and low-wage workers with labor rights issues.
Phone: (305) 247-5277
Address: 10715 SW 211th Street, Goulds, FL 33189
South Florida AFL-CIO: Labor federation that may provide referrals and resources for workers with wage issues.
Phone: (305) 477-1012
Miami Workers Center: Community organization that assists workers with labor rights issues.
Phone: (305) 571-5107
Florida Department of Economic Opportunity: Provides information about Florida minimum wage rates.
Website: floridajobs.org
Equal Employment Opportunity Commission - Miami District Office: Handles employment discrimination complaints; while not directly handling wage claims, relevant if discrimination is also involved.
Phone: (800) 669-4000
Address: Miami Tower, 100 SE 2nd Street, Suite 1500, Miami, FL 33131
The Wage War Playbook
Know the Deadlines
Most states give employers a limited time to fix wage violations. Know your state's laws.
Document the Theft
Timesheets, emails, texts, promises… gather every shred of evidence.
Calculate *Everything*
Regular hours, overtime, breaks, commissions. Don't let them shortchange you a single cent.
Your Paycheck's Bill of Rights
Many states have serious penalties for wage theft, including double or triple damages. Know your rights.
Florida Unpaid Wages Laws
Applicable Laws
- Florida Minimum Wage Act
- Fla. Stat. § 448.110
- FLSA applies
Small Claims Limit
$8,000
Consumer Protection Agency
Florida Department of Economic Opportunity
Wage War FAQ
When should I send a demand letter?
The moment they miss a payment or short your check. Don't let it slide - delays can hurt your claim.
What if they retaliate?
Retaliation for wage complaints is illegal in most states. Document everything and consider filing with your state labor board.
Can I recover unpaid overtime?
Yes. If you worked over 40 hours/week and weren't paid time-and-a-half, you may recover the unpaid amount plus penalties.
What about my final paycheck?
Most states require final paychecks within days of termination. Late payment often triggers automatic penalties.
How far back can I claim unpaid wages?
Typically 2-3 years for federal claims, but state laws vary. Some states allow claims going back further.
Do I need to prove my hours?
Any evidence helps: timecards, emails with timestamps, text messages, witness statements, or reconstructed schedules.
Can I file anonymously?
Not typically, but there are strong anti-retaliation protections. Some claims through labor boards offer more privacy than lawsuits.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.