MIAMI LABOR AND EMPLOYMENT LAWYER

A wage and hour claim in Miami, Florida, is a legal complaint filed by an employee who believes their employer violated labor laws by failing to compensate them properly. These claims commonly involve unpaid wages, unpaid overtime, failure to provide required breaks, worker misclassification, or minimum wage violations.

Wage and hour violations can have a serious impact on your financial stability. Some of the most common issues workers face in Miami include:

Unpaid Overtime

Under the Fair Labor Standards Act (FLSA), non-exempt employees are generally entitled to overtime pay for hours worked over 40 in a workweek. If your employer failed to properly pay you for those extra hours, you may be able to recover back pay.

For example, if you worked 50 hours in one week but were paid your regular hourly rate for all 50 hours, you may have a valid unpaid overtime claim.

Failure to Pay Minimum Wage

Federal law sets a baseline minimum wage, but some states and local governments require higher rates. If you are paid less than the minimum wage required where you work, you may be entitled to recover the difference.

For example, if an employee is paid below the legally required wage in their area, that shortfall may be considered minimum wage theft.

Improper Paycheck Deductions

Employers may make certain deductions from your paycheck, such as taxes, insurance premiums, or retirement contributions, but unauthorized or improper deductions are not allowed. If your employer is making deductions that are not permitted by law or your agreement, they may be violating wage laws.

For example, if an employer deducts money for alleged damages caused by an employee who wasn’t actually responsible, that deduction may be unlawful.

If you believe you’ve experienced any of these wage violations, contact Morgan & Morgan for a free case evaluation to learn more about your legal options.

Yes. If your employer agreed, whether in writing or verbally, to pay you commissions and failed to honor that agreement, you may have a valid claim. Commission disputes often arise when employers change compensation policies without notice, withhold payments after termination, or delay paying earned commissions.

If you’ve met the requirements to earn your commission, your employer generally cannot legally withhold it.

If you’re classified as an independent contractor but perform work more like an employee, you may be misclassified, which can have serious legal and financial consequences for both you and the company you work for.

Independent Contractor:

• Typically controls how and when the work is completed
• Uses their own tools and equipment
• Often works for multiple clients
• Usually does not receive employee benefits, such as healthcare or paid time off
• They are generally responsible for handling their own taxes

Employee:

• Typically works a set schedule and is supervised by the employer
• Uses tools or equipment provided by the employer
• Often works primarily for one company
• May be eligible for benefits and legal protections, such as minimum wage, overtime pay, and workers’ compensation
• Has taxes withheld by the employer

If you’ve been misclassified, you may be missing out on important protections such as overtime pay, minimum wage protections, unemployment benefits, workers’ compensation, and more.

If your employer fails to pay you properly, whether it’s missed wages, unpaid overtime, or incorrect pay rates, there are several steps you can take to protect your rights:

1. Review Your Records

Start by gathering the following:

• Pay stubs
• Time sheets or clock-in records
• Employment contract or offer letter
• Any communication about pay (emails, messages)

Compare what you were paid with what you were promised or what the law requires.

2. Communicate With Your Employer

It’s possible the issue was a mistake. Reach out to your HR department or supervisor and address the concern professionally. Be sure to keep a written record of those communications, such as emails or dated notes from conversations.

3. Know Your Rights

Federal and state labor laws protect employees from wage theft. Under the Fair Labor Standards Act (FLSA), you must be paid at least the federal or state minimum wage, whichever is higher. Non-exempt workers are also entitled to overtime pay (1.5x) for hours worked over 40 in a week. Otherwise, employers cannot withhold any pay without a valid reason.

Some states have stronger protections, including stricter timelines for issuing paychecks.

4. File a Complaint With the Department of Labor

You can file a wage claim through the U.S. Department of Labor's Wage and Hour Division (WHD) or your state labor agency. They can investigate and help recover unpaid wages.

5. Document Everything

Keep detailed records of your hours worked, any discrepancies in your pay, and any steps you’ve taken to resolve the issue. This documentation can be important if you decide to pursue legal action.

6. Contact Morgan & Morgan in Miami, Florida

If your employer continues to withhold wages you’ve earned or retaliates against you for speaking up, contact a labor and employment attorney at Morgan & Morgan. We offer free case evaluations, and you pay nothing unless we win your case. You may be entitled to recover unpaid wages, interest, penalties, legal fees, and potential compensation related to retaliation.

7. Don’t Delay

There are legal deadlines, known as statutes of limitations, for filing claims. The time you have to take legal action may vary depending on the type of claim and your state’s laws. Acting quickly can help protect your rights and preserve important evidence.

In a wage and hour lawsuit, the compensation you may recover depends on how your employer violated labor laws. Common types of damages include:

Unpaid Wages and Overtime

You may be entitled to recover wages you should have been paid, including unpaid minimum wages and overtime. Under federal law, overtime is typically paid at time-and-a-half for hours worked over 40 in a week. If you were not paid correctly, you may be able to recover the difference between what you were paid and what you were legally owed.

Liquidated Damages

Under the Fair Labor Standards Act (FLSA), you may also be entitled to liquidated damages equal to your unpaid wages. For example, if you are owed $5,000, you may be able to recover a total of $10,000, $5,000 in unpaid wages and an additional $5,000 in damages, unless your employer can prove it acted in good faith.

Interest

In some cases, particularly under state laws, you may also recover pre-judgment interest on unpaid wages.

Attorney’s Fees and Costs

If you win your case, your employer may be required to pay your attorney’s fees as well as court and litigation costs. This can make it easier to pursue a claim, even if the amount of unpaid wages is relatively small.

Retaliation-Related Damages

If your employer retaliated against you, for example, by firing, demoting, or harassing you for asserting your rights, you may be entitled to additional compensation. This may include lost wages, reinstatement, damages for harm to your reputation, and, in extreme cases, punitive damages.

Emotional Distress (Limited Situations)

Emotional distress damages are not typically available in wage and hour cases. However, if retaliation is involved, you may also be able to pursue compensation for emotional harm.

Every case is different, so the best way to understand what your claim may be worth is to speak with the legal team at Morgan & Morgan for a free case evaluation.

Morgan & Morgan’s labor and employment attorneys work on a contingency fee basis, which means there are no upfront costs or expenses unless your case is successful. That’s right—The Fee Is Free™, and you only pay if we win.

Our fee is a percentage of your settlement or verdict, which means we’re motivated to pursue the best possible outcome for your case.

No. Consultations at Morgan & Morgan are completely free. We believe everyone deserves access to legal guidance, regardless of their financial situation.

Hiring one of our wage & hour lawyers is easy, and you can get started in minutes with a free case evaluation on our site or by phone.

When you hire Morgan & Morgan in Miami, Florida, you’re backed by more than just one attorney; you gain access to the resources of America’s Largest Injury Law Firm™, with over 1,000 attorneys and offices nationwide.

Your case will be managed by a dedicated team that may include attorneys, paralegals, and support staff working together on your behalf. You’ll also have a primary attorney who oversees your case, keeps you updated, and provides personalized guidance throughout each stage of the process.

After your initial consultation, your care team will schedule regular meetings to review your case, provide updates, and help you prepare for any upcoming proceedings. We are committed to maintaining clear communication and keeping you informed throughout the process.

Meetings can take place in person, virtually, or by phone, depending on your case needs and what works best for you.

Morgan & Morgan’s employment attorneys have significant experience handling wage and hour claims and have helped workers recover substantial compensation in similar cases. As America’s Largest Injury Law Firm™, with over 1,000 attorneys nationwide, we have the resources, knowledge, and reach to take on complex claims.

We handle cases on a contingency fee basis, which means you pay nothing up front. With our Fee Is Free™ promise, you only pay if we win your case.

We are committed to holding employers accountable when they violate wage laws and workers’ rights. If you believe you’ve been underpaid or treated unfairly, you don’t have to navigate it alone. Contact Morgan & Morgan today for a free case evaluation to learn more about your options.