Florida · Unpaid wages · Updated Oct 2026

Florida wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is Florida’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$15.00minimum wage in 2026
$11.98tipped cash wage
Nodaily overtime
No state deadlinefinal pay if fired
4 yearstime limit to file (see details)

Where to file in Florida

Florida has no state wage-claim program. US Department of Labor, Wage and Hour Division (Florida has no state wage-claim agency)

Federal office
US Department of Labor, Wage and Hour Division
Phone
1-866-487-9243

The Wage and Hour Division takes complaints about the federal minimum wage and overtime in every state. For other unpaid pay, such as a promised rate above the minimum wage or a final paycheck, you can sue your employer, often in small claims court.

US DOL: how to file Small claims court in Florida

How to file a wage claim in Florida

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with the US Department of Labor or go to court

    Call the Wage and Hour Division at 1-866-487-9243 about minimum wage and overtime. Florida has no state office that collects unpaid wages for you. For minimum wage or overtime under federal law, you can file a free complaint with the US Department of Labor's Wage and Hour Division (1-866-487-9243). To use Florida's own minimum wage law, you go to court. Before you sue for unpaid state minimum wage, you must send your employer a written notice that says the minimum wage you claim, the dates and hours you worked, and the total you are owed. The employer then has 15 days to pay or settle (Fla. Stat. § 448.110(6)).

  4. Watch the deadline

    State minimum wage lawsuit: 4 years, or 5 years if the violation was willful (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(8) and § 95.11). Other lawsuits to recover wages or overtime: 2 years (Fla. Stat. § 95.11(5)(d)). The 15-day notice period pauses the deadline. Federal FLSA claims: 2 years, 3 if willful.

Minimum wage and overtime in Florida

Florida's minimum wage is $15.00 an hour starting September 30, 2026. It stays at $15.00 through December 31, 2027. After that, the state adjusts it for inflation each year, with the new rate starting January 1. The state minimum wage covers workers who are covered by the federal minimum wage. Cities and counties cannot set a higher minimum wage for private employers (Fla. Stat. § 218.077).

Minimum wage (2026)
$15.00
Tipped cash wage
$11.98
Next change
Inflation adjustment taking effect January 1, 2028 (amount not yet announced)

Overtime

Florida has no separate state overtime rule. Federal law (FLSA) applies to most workers: you must get 1.5 times your regular rate for hours over 40 in a workweek. Florida has no daily overtime.

Your final paycheck in Florida

If you are fired or laid off
Florida has no law that sets a deadline for the final paycheck.
If you quit
Florida has no law that sets a deadline for the final paycheck.

When was your final paycheck due in Florida?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

For unpaid minimum wage, a court must award the unpaid wages plus the same amount again as liquidated (double) damages, plus reasonable attorney's fees and costs. The court can lower the extra damages if the employer proves it acted in good faith (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(6)(c)). A willful violator can be fined $1,000 per violation, paid to the state. In other unpaid-wage lawsuits, the court may award attorney's fees and costs to whichever side wins (Fla. Stat. § 448.08).

Retaliation and immigration status

Your employer may not punish you or take action against you for filing a minimum wage complaint, telling anyone about minimum wage violations or your rights, or helping a coworker claim their rights (Fla. Const. art. X, § 24(d); Fla. Stat. § 448.110(5)). Employers with 10 or more employees also may not retaliate against you for objecting to or refusing to take part in a violation of law (Fla. Stat. §§ 448.101–448.102).

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

If you get tips, your employer may count your tips toward the minimum wage, but only up to $3.02 an hour (the 2003 federal tip credit). So your cash wage must be at least $11.98 an hour, and your tips plus wage must reach $15.00 (Fla. Const. art. X, § 24(c); FloridaCommerce 2026 notice).

Good to know in Florida

  • Before you sue for unpaid state minimum wage, you must give your employer written notice and 15 days to pay (Fla. Stat. § 448.110(6)).
  • Florida's minimum wage reached $15.00 on September 30, 2026, the last step of the 2020 voter-approved amendment (Fla. Const. art. X, § 24(c)).
  • The Florida Attorney General can sue employers to enforce the minimum wage (Fla. Stat. § 448.110(7)).

Forms

Wage-theft calculator for Florida

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

Florida overtime rule: Florida has no separate state overtime rule. Federal law (FLSA) applies to most workers: you must get 1.5 times your regular rate for hours over 40 in a workweek. Florida has no daily overtime.

Penalties your employer may also owe in Florida: For unpaid minimum wage, a court must award the unpaid wages plus the same amount again as liquidated (double) damages, plus reasonable attorney's fees and costs. The court can lower the extra damages if the employer proves it acted in good faith (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(6)(c)). A willful violator can be fined $1,000 per violation, paid to the state. In other unpaid-wage lawsuits, the court may award attorney's fees and costs to whichever side wins (Fla. Stat. § 448.08).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and Florida’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in Florida

Where do I file a wage claim in Florida?

Florida has no state wage-claim program. Contact the US Department of Labor, Wage and Hour Division at 1-866-487-9243 about minimum wage and overtime, or go to court.

What is the minimum wage in Florida in 2026?

Florida's minimum wage is $15.00 an hour starting September 30, 2026. It stays at $15.00 through December 31, 2027. After that, the state adjusts it for inflation each year, with the new rate starting January 1. The state minimum wage covers workers who are covered by the federal minimum wage. Cities and counties cannot set a higher minimum wage for private employers (Fla. Stat. § 218.077).

Does Florida have daily overtime?

Florida has no separate state overtime rule. Federal law (FLSA) applies to most workers: you must get 1.5 times your regular rate for hours over 40 in a workweek. Florida has no daily overtime.

When is my final paycheck due in Florida if I'm fired?

Florida has no law that sets a deadline for the final paycheck.

When is my final paycheck due in Florida if I quit?

Florida has no law that sets a deadline for the final paycheck.

How long do I have to file a wage claim in Florida?

State minimum wage lawsuit: 4 years, or 5 years if the violation was willful (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(8) and § 95.11). Other lawsuits to recover wages or overtime: 2 years (Fla. Stat. § 95.11(5)(d)). The 15-day notice period pauses the deadline. Federal FLSA claims: 2 years, 3 if willful.

What can my employer owe besides my wages in Florida?

For unpaid minimum wage, a court must award the unpaid wages plus the same amount again as liquidated (double) damages, plus reasonable attorney's fees and costs. The court can lower the extra damages if the employer proves it acted in good faith (Fla. Const. art. X, § 24(e); Fla. Stat. § 448.110(6)(c)). A willful violator can be fined $1,000 per violation, paid to the state. In other unpaid-wage lawsuits, the court may award attorney's fees and costs to whichever side wins (Fla. Stat. § 448.08).

Can my employer fire me for filing a wage claim in Florida?

Your employer may not punish you or take action against you for filing a minimum wage complaint, telling anyone about minimum wage violations or your rights, or helping a coworker claim their rights (Fla. Const. art. X, § 24(d); Fla. Stat. § 448.110(5)). Employers with 10 or more employees also may not retaliate against you for objecting to or refusing to take part in a violation of law (Fla. Stat. §§ 448.101–448.102).

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in Florida
Sources

Last checked: Oct 2026.

Other states