Can I Sue My Employer for Salary Delays in Florida?

Many issues spring up in workplaces between employers and their employees, and one of these inevitable issues is employers delaying employees’ salaries. Different suggestions and questions usually pop up during this period. However, you must know some things to sue your employer for salary delays in Florida.

Florida law provides that an unpaid employee may bring a claim in civil court. The law further states that such an employee may recover court costs and attorney fees. The U.S. Department of Labor (DOL) says once the regular payday for the last day an employee worked has passed and the salary is still delayed, such an employee can reach out to the Department of Labor.

Employees’ wages include pay-per-hour, salary, commissions, and other related income. Employees can go after their employers if there is a delay in their salary by filing a lawsuit in the following ways.

1. File A Lawsuit for Delayed Salary

An employee can file a lawsuit for a delayed salary based on the amount the employer owes. An employee can bring a claim for delayed salary in small court claims in Florida (note that this said salary should not be more than $8k, besides the attorney’s fees, interest, and other costs).

An employee can also take his claim to a country or circuit court. Upon a successful claim, an employee may recover an attorney’s fees. Note that an employee has just 24 months to file a delayed salary in Florida.

2. File A Lawsuit for Violating the Minimum Wage

The Fair Labor Standards Act (FLSA) or Florida Minimum Wage Act (FMWA) stipulates the minimum amount an employee can be paid for executing services to his employer.

Such an employee may also be compensated for delayed salary or minimum wage. However, an employee has 24 months to file a claim or 36 months to violate the law willfully.

3. File A Lawsuit for Civil Theft

Florida law provides that a worker can claim civil theft against an employer if he delays his salary or does not pay when due. However, an employee must tender a written notice of claim, allowing the employee to pay the delayed salary within a month.

Another ground you can file a lawsuit against an employer who delays salary is by filing a complaint under any county wage-theft ordinance.

Conclusion

While Florida has laws for employers and employees regarding unpaid salaries, the state also provides minimum wage for employees. Since the law governs both employers and employees, an employee can sue his employer if he fails to pay salary at the stipulated date under state and federal law.

You can contact a law attorney to help you evaluate your potential delayed salary claims against a current or past employer.