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Filing a Wage and Hour Claim – Florida

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

Florida does not have overtime laws that are different from federal law. Additional information on federal overtime law is available at //

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

The minimum wage in Florida prior to January 1, 2018 is $8.10 per hour and after 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 as of January 1, 2018. The pre-2018 rate is 5.08.

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

Florida does not have any meal or rest break requirements.

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 with fours 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. You may wish to consult with an attorney prior to filing your claim, if possible. Yet if you are unable to find an attorney who will assist you, 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.

ESA Wage & Hour Division Fort Lauderdale Area Office
Federal Building, Room 408
299 East Broward Blvd.
Ft. Lauderdale, FL 33301-1976
Phone:(954) 356-6896
Fax:(954) 356-7920

ESA Wage & Hour Division Jacksonville District Office
3728 Phillips Highway Suite 219
Jacksonville, FL 32207-6880
Phone:(904) 232-2489
Fax:(904) 232-3114

ESA Wage & Hour Division Miami District Office
Sunset Center 10300 Sunset Drive, Room 255
Miami, FL 33173-3038
Phone:(305) 598-6607
Phone:(305) 596-9874
Fax:(305) 279-8393

ESA Wage & Hour Division Orlando Area Office
Commodore Building Suite 155
3444 McCrory Place
Orlando, FL 32803-3712
Phone:(407) 648-6471
Fax:(407) 648-6094

ESA Wage & Hour Division Tampa District Office
Austin Laurel Building
4905 W. Laurel Avenue, Suite 300
Tampa, FL 33607-3838
Phone:(813) 288-1242
Fax:(813) 288-1240

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

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