If your employer fails to pay you your agreed salary, you can pursue a claim for unpaid wages plus attorneys’ fees and costs under Florida law.

Employers often pay their employees a salary or flat rate of pay to avoid paying their employees overtime. This practice violates the Fair Labor Standards Act (FLSA) unless the employees’ job duties meet the requirements of an applicable exemption and other requirements are also met.

Most jobs are not exempt from overtime pay. In order to qualify for an exemption, specific requirements must be met. If the employer fails to satisfy every requirement of an applicable exemption, the exemption fails and the employee can recover up to double the unpaid overtime, going back up to three years, plus attorneys’ fees and costs.

There are 49 exemptions to the FLSA, but the most common exemptions are the Executive, Administrative, and Professional exemptions, which are defined in detail here.

Contact us for a free, no-obligation consultation and a qualified attorney will review your case and determine if you are entitled to overtime pay or have a claim for unpaid salary.