WAGE AND HOUR DEMAND LETTER
State of Florida
Florida Minimum Wage Act / Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Florida ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Florida Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Florida and Federal Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408 AND FLA. STAT. 90.408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Florida Minimum Wage Act, Article X, Section 24 of the Florida Constitution and Fla. Stat. Section 448.110, and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. FLORIDA-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Florida has a constitutional minimum wage that exceeds the federal minimum, with annual increases scheduled through 2026. However, Florida does not have a state overtime law, so overtime claims must be pursued under the FLSA.
Key Legal Framework:
| Category | Florida Requirement | Citation |
|---|---|---|
| Minimum Wage | $13.00/hour (Sept. 2024) | Fla. Const. Art. X, Section 24 |
| Overtime | 1.5x regular rate after 40 hours/week (FLSA only) | 29 U.S.C. Section 207 |
| Tipped Minimum | $9.98/hour (direct wages) | Fla. Const. Art. X, Section 24 |
| Payment Frequency | At least monthly; bi-weekly for manual laborers | Fla. Stat. Section 532.01 |
Florida Minimum Wage Schedule:
| Effective Date | Minimum Wage | Tipped Minimum |
|---|---|---|
| Sept. 30, 2024 | $13.00 | $9.98 |
| Sept. 30, 2025 | $14.00 | $10.98 |
| Sept. 30, 2026 | $15.00 | $11.98 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Florida Minimum Wage (back wages) | 5 years | Fla. Stat. Section 448.110(6) |
| Florida Minimum Wage (liquidated damages) | 4 years | Fla. Stat. Section 448.110(6) |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract | 5 years | Fla. Stat. Section 95.11(2)(b) |
C. Florida Wage Payment Requirements
Wage Payment Timing:
- Fla. Stat. Section 532.01: Employers must pay wages at least once per month
- Manual laborers must be paid at least bi-weekly
- No specific final paycheck timing requirement under Florida law
Payroll Deductions:
- Florida follows common law principles regarding authorized deductions
- Deductions cannot reduce wages below minimum wage
- Fla. Stat. Section 448.110(5): Deductions cannot reduce wages below minimum wage
D. Enforcement Mechanisms
Administrative:
- Florida does not have a state labor department that handles wage claims
- U.S. Department of Labor, Wage and Hour Division: Primary enforcement for FLSA claims
- Florida offices: Miami, Tampa, Jacksonville, Orlando
Private Right of Action:
- Florida Minimum Wage Act: Fla. Stat. Section 448.110(6) provides private right of action
- FLSA: 29 U.S.C. Section 216(b) provides private right of action
- Class/collective action mechanisms available
E. Florida Minimum Wage Act Damages
| Remedy | Standard | Citation |
|---|---|---|
| Back Wages | Full unpaid amount | Fla. Stat. Section 448.110(6) |
| Liquidated Damages | Equal to unpaid wages (double damages) | Fla. Stat. Section 448.110(6) |
| Attorney's Fees | Mandatory for prevailing plaintiff | Fla. Stat. Section 448.110(6) |
| Costs | Recoverable | Fla. Stat. Section 448.110(6) |
F. Tip Credit Rules (Florida)
| Requirement | Standard |
|---|---|
| Cash wage minimum | $9.98/hour |
| Tip credit maximum | $3.02/hour |
| Total must equal | $13.00/hour minimum |
| Notice required | Yes |
| Tip pooling | Valid only among customarily tipped employees |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Florida. During this employment, [Company Short Name] violated Florida and federal wage laws by:
[ ] Failing to pay the Florida minimum wage of $13.00 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week (FLSA)
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] On-call time
[ ] Making unlawful deductions that reduced wages below minimum wage
[ ] Unlawful tip pooling or tip credit violations
These violations entitle our client to liquidated damages under both Florida and federal law.
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Florida] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, etc.]
IV. LEGAL ANALYSIS
A. Coverage Under Florida and Federal Law
Florida Minimum Wage Act Coverage:
The Florida Minimum Wage Act applies to all employers in Florida. Fla. Const. Art. X, Section 24.
FLSA Coverage:
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A). [Alternatively, describe individual coverage.]
B. Minimum Wage Violation
Florida Minimum Wage Act (Fla. Stat. Section 448.110):
Florida law requires covered employers to pay employees at least $13.00 per hour. By [describe violation], [Company Short Name] failed to pay our client the required minimum wage.
C. Overtime Violation (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek. (Note: Florida does not have a state overtime law.)
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Willfulness
[Company Short Name]'s violations were willful under McLaughlin v. Richland Shoe Co., 486 U.S. 128, 133 (1988), as demonstrated by:
- [Evidence of willfulness]
E. Liquidated Damages
Under both Fla. Stat. Section 448.110(6) and 29 U.S.C. Section 216(b), our client is entitled to liquidated damages equal to the amount of unpaid wages.
V. DAMAGES CALCULATION
A. Florida and Federal Damages
Relevant Period: [Start Date - 5 years prior for FL MW / 3 years for FLSA willful] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime (FLSA)
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage (Florida)
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Off-the-Clock Work
| Activity | Hours/Week | Rate | Weeks | Total |
|---|---|---|---|---|
| [Pre-shift work] | [X] | $[X.XX] | [X] | $[Amount] |
| Off-the-Clock Subtotal | $[Amount] |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Liquidated Damages (Equal Amount) | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective/Class Action Exposure
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Liquidated Damages | $[Amount] | [X employees] | $[Amount] |
| Collective/Class Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] United States District Court for the Southern District of Florida
[ ] United States District Court for the Middle District of Florida
[ ] United States District Court for the Northern District of Florida
[ ] Florida State Court, [County] County
The Complaint will seek:
1. Unpaid minimum wages under Fla. Stat. Section 448.110
2. Unpaid overtime under 29 U.S.C. Section 207
3. Liquidated damages under Fla. Stat. Section 448.110(6) and 29 U.S.C. Section 216(b)
4. Attorney's fees and costs
5. Certification as a collective action under 29 U.S.C. Section 216(b)
6. Class certification under Florida Rule of Civil Procedure 1.220
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior DOL investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under Federal Rule of Evidence 408 and Fla. Stat. Section 90.408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Florida Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
FLORIDA-SPECIFIC PRACTICE NOTES
[ ] Constitutional Minimum Wage: Florida's minimum wage is embedded in the state constitution (Article X, Section 24), amended by voters in 2020
[ ] No State Overtime Law: Florida does not have a state overtime statute; use FLSA for overtime claims
[ ] Longer Statute of Limitations: Florida allows 5 years for back wages (4 for liquidated damages) vs. FLSA's 2-3 years
[ ] No State Labor Department for Wage Claims: Florida does not have a state agency that handles individual wage claims
[ ] Annual Minimum Wage Increases: The minimum wage increases annually through 2026; ensure you're using the correct rate
[ ] Federal Court Venue:
- Southern District (Miami, Fort Lauderdale, West Palm Beach): Southeast Florida
- Middle District (Tampa, Orlando, Jacksonville): Central Florida
- Northern District (Tallahassee, Pensacola, Gainesville): Panhandle and North Florida
[ ] DOL Wage and Hour Division Offices:
- Miami: (305) 598-6607
- Tampa: (813) 288-1242
- Jacksonville: (904) 359-9292
- Orlando: (407) 648-6471
[ ] Class Actions: Florida Rule 1.220 permits class actions; FLSA 216(b) collective actions also available