Tuesday, March 24, 2009

Unpaid Wages in Florida


If you worked at an establishment and you were not paid for some of your time you can send a letter of demand to the employer asking for your past due wages. This is different than not being paid the correct hourly or overtime rate.

Many times employees help to open a restaurant by doing extra work such as cleaning or painting and are promised a day wage and then are not paid.

There are two important paragraphs that you must include:
Florida Statute 448.110(6)(a)-(b)
(6)(a) Any person aggrieved by a violation of this section may bring a civil action in a court of competent jurisdiction against an employer violating this section or a party violating subsection (5). However, prior to bringing any claim for unpaid minimum wages pursuant to this section, the person aggrieved shall notify the employer alleged to have violated this section, in writing, of an intent to initiate such an action. The notice must identify the minimum wage to which the person aggrieved claims entitlement, the actual or estimated work dates and hours for which payment is sought, and the total amount of alleged unpaid wages through the date of the notice.

(b) The employer shall have 15 calendar days after receipt of the notice to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved. The statute of limitations for bringing an action pursuant to this section shall be tolled during this 15-day period. If the employer fails to pay the total amount of unpaid wages or otherwise resolve the claim to the satisfaction of the person aggrieved, then the person aggrieved may bring a claim for unpaid minimum wages, the terms of which must be consistent with the contents of the notice.


Good luck and email me if you have any further questions.

Lowell

1 comment:

  1. Those statements are absolutely true. A person aggrieved must report the incident to his/her personal employment lawyer, or he/she can report this to the municipal jurisdiction. This way, his/her claims against the company would be settled legally, thus providing him/her protection against possible threats.

    Alfred Mack

    ReplyDelete

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