Unpaid Wages in Florida: How to Recover What You Are Owed

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., requires employers to pay all wages due for hours worked and prohibits withholding earned compensation. The FLSA covers all employers with gross annual sales of $500,000 or more, or any business engaged in interstate commerce. The U.S. Department of Labor (DOL) enforces the FLSA through its Wage and Hour Division. Employees may recover unpaid wages, an equal amount as liquidated damages, and reasonable attorney fees and costs. The statute of limitations is two years for unpaid wages (three years if willful), and there is no minimum employer size threshold for FLSA coverage of individual employees engaged in interstate commerce.

The FLSA establishes that wages must be paid regularly and that deductions cannot reduce pay below the minimum wage for non-exempt employees. Covered employees include most hourly workers and certain salaried employees classified as non-exempt under the FLSA's duties tests. The Wage and Hour Division investigates complaints and can assess civil penalties and back wages without the employee filing a lawsuit.

Florida Statute § 448.057 (Minimum Wage and Wage Payment Requirements) is the primary state law governing unpaid wages. The law requires employers to pay all earned wages due at least twice per month on regular paydays, or within 15 days of the end of the pay period, whichever is sooner. Florida's wage law is substantially similar to the FLSA but contains unique state-specific provisions.

Florida applies to all employers with one or more employees in the state—there is no employer size threshold. The law covers all wages earned by employees, defined as compensation for labor or services rendered. Florida explicitly prohibits wage deductions for breakage, cash shortages, or unauthorized absences unless authorized in writing by the employee before the deduction is made. Deductions for uniforms, tools, or other items must not reduce wages below the applicable minimum wage.

Unlike the FLSA, Florida's wage statute does not explicitly provide for liquidated damages (double damages), but Florida courts recognize a cause of action for quantum meruit and unjust enrichment, which can result in recovery of actual unpaid wages plus pre-judgment interest. The state law also permits private civil suit without exhausting administrative remedies. Florida's statute of limitations for wage claims is two years under § 448.057, but claims involving fraud extend the period. Additionally, the Florida Department of Economic Opportunity administers a wage claim process that can result in wage recovery orders, and the DEO can assess penalties against employers for violations. If an employer disputes wages, Florida requires written notice to employees of the reason for non-payment within a specified timeframe.

Florida wage law contains several important exceptions and carve-outs. Exempt employees (executives, administrators, professionals, and certain highly compensated employees who meet specific salary and duties tests under FLSA and Florida law) are not entitled to hourly wage protections, though they must still receive all earned salary compensation. Commissioned sales employees may have different wage payment timing if a written agreement exists with the employer.

Employers may make deductions from wages only in narrow circumstances: (1) deductions mandated by law (taxes, garnishments), (2) deductions authorized in writing by the employee before they are taken, and (3) deductions for advances or loans if documented. Wage deductions cannot reduce final wages below the state minimum wage. Employees who resign or are terminated may receive final wages on the next regular payday or within 15 days of separation, unless the employee fails to return company property or the employer has a documented policy requiring return of property before final payment.

Independent contractors are not covered by Florida wage laws—only employees are protected. Unpaid wages resulting from employee misconduct (such as theft or deliberate failure to perform work) may be subject to dispute, and employers can argue that no wages were earned. Additionally, disputes over commission structures, bonuses, or discretionary payments may fall outside mandatory wage protections if the bonus or commission is truly discretionary rather than earned. Union employees may have different wage payment terms under collective bargaining agreements, which generally must comply with or exceed state minimums.

Step 1: Document Everything Thoroughly. Gather all evidence of unpaid wages: pay stubs, written work schedules, emails confirming hours worked, messages from supervisors, bank statements showing deposits (or lack thereof), any written offer letters or employment agreements, and a detailed timeline of all wage disputes. Create a spreadsheet listing the dates worked, hours performed, hourly rate agreed upon, and amount owed. Photograph or scan physical records. Keep copies in a secure location separate from your workplace.

Step 2: Internal Complaint and Communication. Before filing externally, attempt to resolve the matter with your employer's HR department or manager if safe to do so. Send a written email to your employer or HR requesting payment of the specific unpaid wages, referencing dates and amounts. Request a written response within 10 business days. Save all correspondence. This creates a documented record that strengthens your claim and may prompt resolution without filing. If the employer ignores the request or refuses payment, proceed to Step 3.

Step 3: File with the Appropriate Agency. You have two options: (a) File a wage claim with the Florida Department of Economic Opportunity (DEO) at https://www.floridajobs.org/workers/unemployment-insurance or call 1-833-900-4437. Complete the wage claim form available on the DEO website, provide your name, contact information, employer details, dates of employment, and itemized unpaid wages with supporting documentation. The filing deadline is 2 years from the date wages were due. Or (b) Consult an attorney and file a civil lawsuit in Florida circuit court directly, which allows you to bypass the DEO process and potentially recover more damages. The two-year clock applies to civil suits as well.

Step 4: DEO Investigation and Determination. After filing a wage claim, the DEO will send the claim to the employer, who has 10 days to respond and provide evidence that wages were paid. The DEO will review both sides' documentation. This process typically takes 30–60 days. If the DEO determines the employer owes wages, it will issue a Determination of Wage Complaint. The employer may appeal within 15 days. If no appeal is filed or the appeal is denied, the determination becomes final and the employer must pay. If the employer does not voluntarily pay, you can pursue collection through small claims court (if under $5,000) or request the DEO refer the case to the Florida Attorney General's office for collection assistance.

Step 5: When to Consult an Attorney. Contact an employment attorney if: (1) the amount owed exceeds $5,000, (2) the employer disputes the wages or the claim is complex, (3) you fear retaliation, (4) the employer has a history of wage violations, or (5) the DEO denies your claim and you wish to appeal or file a civil suit. An employment attorney specializing in wage and hour law can negotiate with the employer, file in circuit court, and pursue damages beyond the unpaid amount. Many employment attorneys work on contingency (no upfront cost), charging a percentage of recovered wages. Request a free consultation to assess your case.