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Unpaid Work Florida

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  • Unpaid Work Florida

    What are the sanctions for an employer that has employees who worked 40 hours for them, but did not pay? Who should employees report their complaints to?

    Thank you.

  • #2
    The Department of Labor.

    Florida's DOL stinks, but you can start there, I guess.
    Not everything that makes you mad, sad or uncomfortable is legally actionable.

    I am not now nor ever was an attorney.

    Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.


    • #3
      In all your other posts you were the employer. Did you not pay someone?
      "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor


      • #4
        Florida's DOL doesn't really even exist any more.

        If you file a civil suit, you can, I think, file for double damages. See an attorney.

        If you go with the federal DOL, the employer may be fined, but you won't see any of that.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


        • #5
          Thanks for the info. No, we did not "not pay" one of our employees. I have an employee who is having trouble w/a former employee and cannot seem to collect her pay for the last 40 hours she worked. I could not find anything on other than it stating that an employer is not required to pay last check immediately. I guess I'll just refer her to the State Labor Office. Not much info. on the DOL website as far as FL is concerned.


          • #6
            I have read about a lot of different situations where employees did not get what they expected -- short hours, rates of pay changed without notice and more. I cannot imagine an employer being so brazen that it won't pay for hours worked UNLESS the employee is an outside sales rep.

            In such a case, the Federal and Florida laws do not require any pay at all, no matter how many hours are worked. If you were working on a draw against commission and quit, the employer may have cut off your draw to minimize the losses (assuming that the commissions payable are less or equal to the current draw).

            The refusal to pay the draw might violate some contract law, but I doubt it. You could contact an attorney experienced in such matters, if this is what happened.

            If not, then please give some detail about what work you did and why the employer is not paying.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.


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