Get Started (954) 800-4199

If you’ve been denied overtime pay, subjected to improper tip pooling, or not paid the minimum wage, our experienced Florida wage and hour attorney will fight tirelessly to recover what you’re owed.

Our Weston, FL employment lawyer exhaust every legal avenue to recover the wages you’ve rightfully earned. Your story matters, and Kaplan Employment Law is here to fight for your rights.

 

What Are Wage and Hour Laws in Florida?

Wage and hour laws protect employees from unfair pay practices. These laws require employers to:

  • Pay at least the minimum wage for every hour worked.
  • Compensate overtime at 1.5 times the regular rate for all hours over 40 in a workweek.

Florida workers are protected by both state and federal regulations, including the Fair Labor Standards Act (FLSA) and the Florida Minimum Wage Act (FMWA). Despite these protections, some employers still engage in illegal practices like withholding overtime pay, paying below the minimum wage, or mismanaging tips.

Despite these protections, some employers break the law, leaving workers to ask, “Can I sue for unpaid wages?”

The answer is yes—if you’re being denied the wages you’re owed, act now to protect your rights and recover your pay.

Overview of Florida Wage & Hour Laws

Understanding Florida’s wage and hour laws can help you determine whether your employer is violating your rights. Here’s what you need to know:

Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) guarantees overtime pay for non-exempt employees. Still, some employers try to avoid paying overtime by misclassifying workers as ‘exempt’ when they legally qualify for extra pay.

Florida Minimum Wage and Tipped Employee Rules

Florida’s minimum wage is higher than the federal rate and increases annually for inflation. As of 2025, the minimum wage is $13 per hour for non-tipped employees and $8.98 per hour for tipped employees. Employers can claim a ‘tip credit’ only if an employee’s total earnings (wages + tips) meet or exceed the full minimum wage.

Types of Wage and Hour Law Disputes

Wage theft happens in many forms. Here are some of the most common violations Kaplan Employment Law fights against:

Unpaid Overtime

The law requires non-exempt employees to receive overtime pay at 1.5 times their hourly rate for all hours worked beyond 40 per week. Yet many employers misclassify workers or refuse to pay overtime altogether. If your employer has denied you overtime, an unpaid overtime dispute lawyer from Kaplan Employment Law will fight for the wages you’ve rightfully earned.

Improper Tipping Practices

Employers must follow strict laws regarding tip pooling and distribution. Common violations include:

  • Illegal Tip Pooling: Requiring tipped workers to share tips with non-tipped employees.
  • Employer Retaining Tips: Employers keeping tips rather than paying workers.
  • Failure to Meet Minimum Wage: Not ensuring total earnings meet Florida’s required minimum wage.

Kaplan Employment Law has extensive experience fighting for restaurant workers. Our improper tip pooling lawyers ensure our clients are compensated fairly for their work.

Minimum Wage Violations in Florida

Florida law sets a state minimum wage that adjusts annually. Employers must comply with this rate and cannot unlawfully deduct wages or pay below the required minimum.

If your employer fails to meet these requirements, we’ll take swift legal action to recover the wages you’re owed. At Kaplan Employment Law, we are committed to fighting for fair pay for every worker.

 

I Needed a Strong Negotiator & I Got One

I searched for an employment lawyer and found Brett Kaplan. I needed a strong negotiator for my severance agreement and felt like I could trust Brett. Brett was able to negotiate a higher severance for me and I couldn't have been more satisfied! The process was easy, smooth, and pain free. If I ever need him again, I'll surely be circling back! Thanks, Brett.

Maya Hicks

Signs of Wage and Hour Violations

Not sure if your employer is violating the law? Watch out for these red flags:

  • Failing to pay the minimum wage or overtime
  • Misclassifying employees as exempt to avoid paying overtime
  • Forcing employees to work “off the clock”
  • Failing to keep accurate records of employees’ wages and hours worked
  • Making illegal paycheck deductions (e.g., uniform costs, register shortages, or training fees)

If any of these apply to you, speak with an experienced wage dispute lawyer to recover your lost wages.

What Evidence Is Needed to Prove Your Wage Dispute Claim?

Successfully resolving a wage dispute requires strong evidence to show your employer violated wage and hour laws. Key types of evidence include:

  • Pay Records: Pay stubs, W-2s or 1099s showing discrepancies
  • Timekeeping Records: Timecards, schedules, or personal logs proving unpaid overtime.
  • Employment Agreements: Offer letters, contracts, handbooks, or documents outlining wage policies.
  • Communications: Emails, texts, group chats, or memos from your employer regarding wages, overtime, tips, or work hours can serve as direct evidence of illegal practices.

An experienced Florida wage and hour attorney like Kaplan Employment Law will help you gather and present the evidence needed to build a compelling case.

What Compensation Can You Recover for Wage Disputes?

If your employer violated wage and hour laws, you may be entitled to more than just unpaid wages. Florida law allows workers to recover:

Unpaid Wages

You can recover all wages your employer failed to pay, including unpaid overtime, withheld wages, and mismanaged tips.

Liquidated Damages

In many cases, employees are entitled to liquidated damages equal to their unpaid wages—doubling their total recovery. For example, if you’re owed $5,000 in wages, you could recover an additional $5,000 in liquidated damages.

Interest on Unpaid Wages

Florida law may also allow you to recover interest on the wages you’re owed, helping to compensate for the time your employer withheld your earnings.

Attorney’s Fees and Court Costs

The law recognizes that wage theft victims shouldn’t bear the cost of pursuing justice. That’s why successful claims often include reimbursement for attorney’s fees and court expenses.

How Our Florida Employment Lawyers Can Help

At Kaplan Employment Law, we stand with blue-collar and restaurant workers to fight for their hard-earned money.  We will:

  • Investigate your case meticulously
  • Collect and analyze evidence
  • Fight aggressively to recover every penny you’re owed

Your story matters. Your wages matter. We won’t stop until justice is served.

Why Choose Kaplan Employment Law?

Kaplan Employment Law is known for its excellence in Florida employment law, earning consistent five-star client reviews and respect by employment law professionals. We’re tough litigators who won’t back down, even when facing the largest employers. Your story drives our relentless pursuit of justice.

FAQs about Wage and Hour Law in Florida

What is the current minimum wage in Florida?

As of January 1, 2025, Florida’s minimum wage for non-tipped employees is $13.00 per hour. On September 30, Florida’s minimum wage will increase by $1.00 until reaching $15.00 per hour in 2026. For tipped employees, the minimum wage in Florida is $8.98 pr hour.

Can I sue my employer for unpaid wages?

Yes, you can sue your employer for unpaid wages in Florida. Wage and hour laws allow employees to file claims to recover unpaid wages, overtime, or improperly withheld tips. Employers found in violation may be liable for the amount of the unpaid wages, plus liquidated damages, which is an amount equal to the unpaid wages (meaning double the amount), and attorney’s fees.

How do I know if I’m an exempt or non-exempt employee for overtime pay?

Employees exempt from the wage and hour laws are not entitled to overtime pay, while non-exempt employees are eligible for overtime pay. Generally, employees not entitled to overtime pay are employees in executive, administrative, professional, and certain sales roles.

How much time do I have to file a wage theft claim in Florida?

Florida law sets strict deadlines for filing wage theft claims. You generally have two years from the date of the violation to file a claim, or three years if the employer’s actions were willful. Missing these deadlines can prevent you from recovering your lost wages, so it’s important to act quickly and contact an experienced attorney as soon as possible.

Do I need a lawyer to handle a wage dispute?

You are not required to hire a lawyer to pursue a wage dispute, but working with an experienced wage dispute attorney can greatly improve your chances of success. Employers often have legal teams to defend against these claims, and a skilled attorney can help level the playing field by gathering evidence, navigating legal complexities, and ensuring you recover the maximum compensation allowed by law.

Take Action Today – Contact a Wage Dispute Lawyer in Florida

At Kaplan Employment Law, we don’t just take cases—we take action. Let’s fight for the wages you’re owed.

If you’ve been denied overtime pay, minimum wage, or withheld tips, you don’t have to face your employer alone. Kaplan Employment Law is here to fight for you. Contact us today for a consultation with an experienced pay dispute lawyer.

Together, we’ll ensure your story is told, your voice is heard, and your rights are protected. Call now or fill out our online intake form to take the first step toward justice.