Miami Wage and Hour Attorney Jason D. Berkowitz Guides Florida Employees Through Process for Recovering Unpaid Wages

MIAMI, FL - Florida employees owed unpaid wages have legal options to recover those amounts under federal and state law, though the procedural requirements differ significantly between the Fair Labor Standards Act and the Florida Minimum Wage Act. Miami wage and hour attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/how-to-recover-unpaid-wages/) explains the steps required before filing suit and the deadlines that apply to wage claims.

According to Miami wage and hour attorney Jason D. Berkowitz, both federal and Florida law require employers to pay covered employees at least minimum wage for all time worked. The Fair Labor Standards Act governs minimum wage, overtime pay, and child labor standards for covered workers, while the Florida Minimum Wage Act sets Florida's minimum wage at $14.00 per hour effective September 30, 2025. "Nonexempt employees must receive overtime pay of at least one and one-half times their regular pay rate for all hours worked over 40 hours per work week," explains Berkowitz.

Miami wage and hour attorney Jason D. Berkowitz emphasizes that the process for recovering unpaid wages differs depending on whether employees file under federal or Florida law. Under the FLSA, covered employees can file a civil lawsuit against their employer without providing prior notice. "This allows you to move quickly if your employer has failed to pay wages you earned," Berkowitz notes.

However, Florida law requires specific steps before filing suit for unpaid minimum wages. "You must send your employer written notice of your intent to file a lawsuit," the wage attorney explains. "The notice must include the minimum wage you are entitled to receive, the work dates and hours for which you seek payment, and the total amount of unpaid wages owed through the date of the notice."

Once the employer receives notice under Florida law, they have 15 days to pay the unpaid wages or resolve the claim. If the employer fails to act within 15 days, employees may file a lawsuit for unpaid minimum wages. "This pre-suit notice requirement applies only to Florida Minimum Wage Act claims, not to federal FLSA claims," Berkowitz points out.

Jason D. Berkowitz of BT Law Group, PLLC advises that strict time limits apply to wage claims in Florida. Under the FLSA, employees must file a lawsuit within two years from the date the claim arose. If the employer willfully or deliberately violated the FLSA, a three-year statute of limitations applies. Under the Florida Minimum Wage Act, the statute of limitations is generally four years, or five years for willful violations.

"Different statutes of limitations may apply depending on the specific claims you assert or where you file your lawsuit," the attorney notes. "Time is critical in wage cases, and missing these deadlines can eliminate your right to recover wages you earned."

Florida employees may have multiple potential claims against employers who failed to pay wages owed. Common unpaid wage disputes include failure to pay minimum wage, failure to track hours worked, failure to pay overtime, misclassification of employees, improper automatic meal-break deductions, and off-the-clock work. "Misclassification occurs when an employer improperly classifies an employee as exempt under the FLSA, thereby wrongfully disqualifying the employee from overtime pay," Berkowitz explains.

Employees who successfully bring lawsuits for unpaid wages may recover several forms of monetary relief. Back wages cover the actual amount of unpaid compensation. Liquidated damages equal the unpaid wages, essentially doubling recovery under the FLSA and Florida Minimum Wage Act. "You may also recover reasonable attorney's fees and court costs," Berkowitz adds. "This provision allows employees to pursue wage claims without worrying about the cost of hiring an attorney."

Both the FLSA and the Florida Minimum Wage Act prohibit employers from retaliating against employees who complain about or attempt to assert their wage rights. "Prohibited retaliation includes termination of employment, reduction in work hours or pay, demotion, and harassment," notes Berkowitz. "If your employer retaliates against you for asserting your wage rights, you may have a separate retaliation claim in addition to your unpaid wage claim."

For Miami employees owed unpaid wages, understanding the procedural requirements and filing deadlines may be essential to recovering compensation earned.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based law firm dedicated to employment law matters, including wage and hour disputes, unpaid overtime claims, and misclassification cases. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm represents employees throughout Miami-Dade, Broward, and Palm Beach counties. For consultations, call (305) 507-8506.

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