Filing a Wage and Hour Claim - Florida

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Does Florida have state overtime laws that are different from federal law?

Florida does not have overtime laws that are different from federal overtime law.

Does Florida have a minimum wage that is different from federal law?

The minimum wage in Florida, effective January 1, 2018 is 8.25 per hour, which is higher than the federal minimum wage of $7.25 per hour. However, some employers can use tips and gratuities to reduce the required minimum wage to 5.23. Florida recalculates its minimum wage every September 30 based on the Consumer Price Index. 

Do any cities or counties in Florida have a minimum wage that is different from state or federal law?

In 2003, Florida passed a law that stops any cities or counties in the state from passing their own minimum wage laws. Therefore, the Florida minimum of $8.25 per hour, or $5.23 per hour for tipped workers, applies across the state. 

Does Florida have meal and rest break requirements, unlike federal law?

Florida does not have any meal or rest break requirements for employees aged 18 or older. However, Florida requires that minor employees ages 17 or younger must be given a break of at least 30 minutes for every four hours consecutively worked.

What are my time deadlines?

If you have a minimum wage claim, do not delay in contacting the Florida Department of Labor and Employment Security to file a claim. There are strict time limits in which wage claims must be filed. In order for the agency to act on your behalf, you must file within two years from the date that the claim arose.

As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim. 

How can I or my attorney pursue a claim in court in Florida?

Employees can file a private lawsuit to recover unpaid minimum wages, liquidated damages in an equal amount, $1000 penalty per willful violation, and attorneys' fees.

State Labor Agency

Florida has no state agency that enforces wage and hour laws; see the local DOL offices below. 

Fort Lauderdale Area Office
US Dept. of Labor
Wage & Hour Division
510 Shotgun Road
Suite 140 
Sunrise, FL 33326
Phone: (954) 356-6896
Toll-Free: 1-866-487-9243

 

Jacksonville District Office
US Dept. of Labor
Wage & Hour Division
Charles E. Bennett Federal Building
400 West Bay Street, Room 956, Box 017
Jacksonville, FL 32202
Phone: (904) 359-9292
Toll-Free: 1-866-487-9243

 

Wage & Hour Division, Miami District Office
US Dept. of Labor
Wage & Hour Division
Sunset Center
10300 Southwest 72nd St., Suite 255
Miami, FL 33173-3038
Phone: (305) 598-6607
Toll-Free: 1-866-487-9243

 

ESA Wage & Hour Division
Orlando Area Office
US Dept. of Labor
Wage & Hour Division
1001 Executive Center Drive, #103
Orlando, FL 32803
Phone: (407) 648-6471
Toll-Free: 1-866-487-9243
 

ESA Wage & Hour Division
Tallahassee Area Office
US Dept. of Labor
Wage & Hour Division
325 John Knox Road  Suite D102
Tallahassee, FL 32303
Phone: (850) 942-8341
Toll-Free: 1-866-487-9243 

ESA Wage & Hour Division
Tampa District Office
US Dept. of Labor
Wage & Hour Division
4200 W Cypress Street, Suite 444
Tampa, FL 33607-3838
Phone: (813) 288-1242
Toll-Free: 1-866-487-9243 

ESA Wage & Hour Division
West Palm Beach Area Office
US Dept. of Labor
Wage & Hour Division
1818 S. Australian Ave. #251
West Palm Beach, FL 33401
Phone: (561) 640-0474
Toll-Free: 1-866-487-9243 

For more information about this agency, see the U.S. Department of Labor section of our page on federal agencies.

 

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