FAQTEXT-Unpaid Wages

What are unpaid wages?

Unpaid wages are wages that are earned by an employee, but for some reason, are not paid by the employer. Unpaid wages can be a portion of your pay that has been incorrectly withheld. Unpaid wages can also be your final paycheck from your employer that has been wrongfully withheld.

The term "Wages" includes ANY type of pay including hourly wages, salaries, commissions, day rates, overtime pay, vacation pay, severance pay, retirement pay contributions, and other benefit contributions. However, the term generally does not include reimbursement of expenses unless it is a part of the employee's compensation plan.

What is the Statute of Limitations for unpaid wages?

It depends on the type of wages being claimed. Federal Overtime and Minimum wages must be claimed within 2 years (3 years if a willful violation) under Federal law. Hourly wages must be claimed within 2 years under Florida law. Florida minimum wages must be claimed within ___ years under Florida law. Unpaid salaries, commissions, day rates, vacation pay, severance pay, retirement pay contributions, and other benefit contributions must be claimed within 5 years under Florida law.

What do you charge to represent me for my unpaid wage claim?

We accept all unpaid wage cases on a contingency fee and cost basis where we accept as full payment the greater of 40% of the recovery or whatever is awarded as a reasonable fee from the employer. Typically, we are awarded enough fees and costs, that we do not take a single penny from your unpaid wage claim. Costs are also contingent, and you will not be charged any reimbursement of costs unless we win your case. If a recovery is made, most costs are paid by the employer.