In the United States, both federal and state laws protect covered workers from being paid an unfair wage and/or from working too many hours each week without being fairly compensated.
Most employers abide by the wage and overtime laws; however, some employers try and get around the laws or blatantly ignore the law.
If your employer has violated the minimum wage laws you may be entitled to file a claim against the employer.
Before you do that, however, you may want to know “ What happens if I report my employer for not paying me minimum wage in Florida? ”
First, it helps to have basic understanding of the federal and state minimum wage laws. At the federal level, the Fair Labor Standards Act, or FLSA, governs minimum wage requirements in the United States.
Though the FLSA rules regarding covered employers are complex, the over-riding theme when deciding if an employer is subject to the FLSA is a nexus to interstate commerce.
If your employer is involved in interstate commerce in any way then the employer is likely subject to the FLSA; however, you should always check with an experienced Florida employment law attorney to be certain that your employer is covered.
At the state level, the Florida Minimum Wage Act mirrors the federal FLSA, for the most part, with regard to minimum wage requirements.
If you have determined that your employer is a covered employer you may be able to file a claim if your employer has violated the federal and/or state minimum wage laws. You may file a state or federal claim with the property agency.
At the federal level, wage claims are filed with the U.S. Department of Labor’s Wage and Hour Division (WHD) and at the state level the Florida Department of Labor and Employment Security handles claims relating to wages and overtime pay.
In either case, the agency will investigate the allegations and may choose to punish the employer; however, filing a civil lawsuit is often a better option.
In a civil lawsuit for unpaid minimum wages you may be entitled to not only all of your back pay but also to liquidated damages in the amount of your back pay as well.
For example, if your employer owes you $15,000 in unpaid wages you would also be entitled to another $15,000 in liquidated damages.
In addition, if you are successful your employer may be held responsible for paying your attorney fees.
If you believe that your employer has violated the minimum wage laws, contact the experienced Florida employment law attorneys at Celler Legal, P.A. by calling 954-716-8601 to schedule your appointment right away. Although the law does provide a mechanism by which you may pursue a claim for unpaid wages the law also limits the amount of time in which you have to pursue that claim.
To learn more, please download our free Minimum Wage Law in Florida here.