Dealing With Unpaid Wages in Florida
My employer hasn't paid me — here's what Florida law says and what to do next.
Statute: Fla. Const. Art. X, § 24; 29 U.S.C. §§ 206-207
Deadline: 14 days
Penalty: Florida has no state-specific final paycheck timing statute beyond the minimum wage provision in the state constitution. Employees may pursue claims under federal FLSA, which provides for liquidated damages equal to the unpaid wages
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Florida differs from federal law
Florida's minimum wage is higher than the federal $7.25/hr and increases annually:
- 2024: $13.00/hr (standard); $9.98/hr for tipped employees
- 2025: $14.00/hr (standard); $10.98/hr for tipped employees
- 2026: $15.00/hr (standard); $11.98/hr for tipped employees
- Florida will reach $15/hr by September 30, 2026, per Amendment 2 (2020 ballot measure)
After 2026, annual adjustments will be tied to the Consumer Price Index (CPI).
Additional steps in Florida
File minimum wage complaints with the Florida Attorney General's office or the federal DOL Wage and Hour Division. Florida workers can also bring a private civil action under the Florida Minimum Wage Act.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Florida, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Florida.