Claiming Unpaid Overtime Wages in Florida
Am I eligible to collect unpaid overtime from my employer?
The Florida overtime minimum wage is $12.98 per hour, one and a half times the regular minimum wage of $8.65. If you earn more then the Florida minimum wage rate of $8.65, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects Florida workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under Florida law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the Florida Department of Labor cannot solve your overtime case, you can file a civil claim with the Florida state court system by levying an unpaid overtime lawsuit against your employer.
Contacting the Department of Labor in Florida Regarding Unpaid Overtime
If you believe you are owed unpaid overtime, or think your employer is not complying with other labor laws, your first point of contact is your local field office of the Federal Department of Labor. There are seven field offices located in Florida.
Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. You may want to have your employer's information and any relevant paystubs available. Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! You can find contact information for the Florida Department of Labor here.
US Dept. of Labor Wage & Hour Division Federal Building, Room 408 299 East Broward Blvd. Ft. Lauderdale, FL 33301-1976
Nury Vergara, Assistant District Director
P: (954) 356-6896
US Dept. of Labor Wage & Hour Division Charles E. Bennett Federal Building 400 West Bay Street, Room 956, Box 017 Jacksonville, FL 32202
Daniel White, District Director
P: (904) 359-9292
US Dept. of Labor Wage & Hour Division Sunset Center 10300 Southwest 72nd St., Suite 255 Miami, FL 33173-3038
Will Garnitz, District Director
P: (305) 598-6607
US Dept. of Labor Wage & Hour Division 1001 Executive Center Drive, #103 Orlando, Florida 32803
Wildali DeJesus, Assistant District Director
P: (407) 648-6471
US Dept. of Labor Wage and Hour Division 325 John Knox Road Suite D102 Tallahassee, FL 32303
Cynthia Hickman, Assistant District Director
P: (850) 942-8341
US Dept. Of Labor Wage & Hour Division 4200 W Cypress Street, Suite 444 Tampa, FL 33607
James Schmidt, District Director
P: (813) 288-1242
US Dept. Of Labor Wage & Hour Division 1818 S. Australian Ave. #251 West Palm Beach, FL 33401
Norman Mann, Assistant District Director
P: (561) 640-0474
Florida Min Wage - $8.65 per hour as of 2021