If you worked the hours but did not get paid for all of them — no overtime, off-the-clock work, or less than minimum wage — the law may entitle you to that money back, plus more. At WLT Law Firm, led by Fort Lauderdale employment attorney Wali Taylor, we help Broward County workers recover unpaid wages and overtime from employers who cut corners on the paycheck. Call (954) 905-9863 or (866) 438-9254 for a free, confidential consultation.
What Counts as Unpaid Wages or Overtime?
The federal Fair Labor Standards Act (FLSA) sets the basic rules for how you must be paid. The most common violations we see are:
- Unpaid overtime — not paying time-and-a-half for hours worked over 40 in a workweek.
- Off-the-clock work — requiring work before or after a shift, during lunch, or answering calls and messages from home without pay.
- Minimum-wage violations — paying less than the required minimum wage, including improper handling of tips.
- Misclassification — wrongly labeling employees as “salaried exempt” or “independent contractors” to avoid paying overtime.
- Unpaid final wages — withholding a last paycheck or earned wages after you leave.
Overtime: The 40-Hour Rule
Under the FLSA, unless you fall into a specific exemption, you must be paid at least one and one-half times your regular rate for every hour worked over 40 in a workweek. The U.S. Department of Labor explains the federal overtime rules, which apply on a fixed weekly basis — an employer cannot average your hours across two weeks to avoid overtime. Being paid a salary, by itself, does not make you exempt; whether you qualify depends on your actual job duties and how much you earn.
Minimum Wage in Florida
Florida’s minimum wage is higher than the federal minimum and adjusts each year, so it is worth checking that your pay keeps up. The Department of Labor covers federal minimum-wage rules, and Florida’s own Florida Minimum Wage Act (Fla. Stat. § 448.110) sets the state rate and lets underpaid workers recover unpaid wages, an equal amount in liquidated damages, and attorney’s fees. Note that the Florida minimum-wage law requires you to give your employer written notice and a short window to pay before you file suit — a step we handle for our clients.
“Salaried” and “Independent Contractor” Are Not Magic Words
Two of the most common ways employers dodge overtime are calling a worker “salaried exempt” or “an independent contractor.” Neither label controls. What matters is what you actually do and how you are treated on the job. Many workers who were told they were not eligible for overtime were, in fact, owed it.
You Cannot Be Punished for Asking About Your Pay
It is unlawful for an employer to fire, demote, or retaliate against you for complaining about unpaid wages or overtime or for filing a wage claim. If that happens, you may have a separate retaliation claim on top of your wage claim.
What You Can Recover
Wage cases are powerful because the FLSA does more than make you whole. If your claim succeeds, you can typically recover the unpaid wages themselves plus an equal amount again as liquidated damages — often doubling the recovery — and the employer usually has to pay your attorney’s fees and costs. That fee-shifting is why these cases can be pursued even when the unpaid amount is modest.
Deadlines Are Short — Do Not Wait
Under the FLSA you generally have two years to bring a claim for unpaid wages or overtime — three years if the violation was willful. Every week that passes can cut off another week of recoverable back pay, so it is best to act promptly. Florida minimum-wage claims run on their own clock as well.
How WLT Law Firm Helps
We reconstruct the hours you actually worked, calculate what you are owed, deal with the employer’s records and defenses, and negotiate or litigate to recover your unpaid wages, liquidated damages, and fees. Our goal is the best possible outcome for every client we represent. The consultation is free and confidential.
Frequently Asked Questions
I am paid a salary — can I still be owed overtime?
Yes, possibly. Being paid a salary does not automatically make you exempt from overtime. Whether you qualify for an exemption depends on your actual duties and your pay level, not just your job title.
My employer calls me an independent contractor. Does that mean I get no overtime?
Not necessarily. The “independent contractor” label does not control. If you are treated like an employee, you may be entitled to overtime and minimum wage regardless of what the paperwork says.
Can I be fired for asking about unpaid wages?
No. The law protects you from retaliation for complaining about unpaid wages or overtime or filing a wage claim. Retaliation can be a separate claim.
How far back can I recover unpaid wages?
Generally two years under the FLSA, or three years if the violation was willful. Because the clock keeps running, delay can cost you recoverable weeks.
What can I recover?
Typically the unpaid wages plus an equal amount in liquidated damages, along with attorney’s fees and costs. Every case is different.
Talk to a Fort Lauderdale Unpaid Wages & Overtime Lawyer
If you were not paid what you earned, contact WLT Law Firm for a free, confidential consultation. Call (954) 905-9863 or (866) 438-9254 (866-GET-WALI). You can also learn more about wrongful termination and workplace retaliation.
Written by Walwin Lee Taylor, Esq., Florida employment attorney — WLT Law Firm, Plantation & Fort Lauderdale.
This page is general information about Florida and federal employment law, not legal advice. Every situation is different — speak with a qualified attorney about your specific circumstances.