Curry Law Group

Can You Sue an Employer for Unpaid Wages?

Learn when workers may sue for unpaid minimum wages, overtime, off-the-clock work, tips, commissions, and other compensation under federal or Florida law.

•3 min read

You may be able to sue an employer for unpaid wages when the employer failed to pay compensation required by federal law, Florida law, an employment agreement, or another enforceable obligation. The FLSA primarily addresses minimum wage and overtime; commissions, bonuses, vacation pay, and other promised compensation may require analysis under a contract, compensation plan, or other law. Florida minimum-wage lawsuits require advance written notice and a 15-day opportunity to resolve the claim before litigation.

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Key Takeaways

  • Covered nonexempt employees may sue for unpaid minimum wages and overtime.
  • The FLSA can provide an equal amount as liquidated damages in addition to unpaid wages.
  • A job title or salary does not automatically eliminate overtime.
  • Employees should create their own reasonable record when the employer's time records are incomplete.
  • Florida minimum-wage lawsuits require advance written notice and a 15-day opportunity to resolve the claim.
  • FLSA claims generally have a two-year deadline, extended to three years for willful violations.
  • A Department of Labor complaint and private lawsuit are different recovery paths.

This article provides general information and is not legal, employment, or medical advice. Workplace rights and remedies depend on the conduct, employer, employee status, evidence, applicable law, and filing deadlines. Reading this article does not create an attorney-client relationship.

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