Overtime Lawyer in Miami-Dade County, Florida

Miami-Dade County: cash pay, 1099 labels, and missing records

Being paid in cash or on a 1099 does not remove overtime rights. Employee status turns on economic reality, not paperwork, under 29 C.F.R. Part 795, and the employer bears the recordkeeping duty under 29 U.S.C. § 211(c) and 29 C.F.R. Part 516.

Where an employer keeps no accurate records, a worker may prove hours by a reasonable estimate and the burden shifts to the employer, Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946).

Port, warehouse, and freight work often includes unpaid gate waits and equipment checks, which are hours worked under 29 C.F.R. § 785.11, and those hours push the week past the 40-hour threshold in 29 U.S.C. § 207(a).

What Florida overtime law requires

Florida has no separate state overtime statute, so overtime comes from federal law: time and a half for all hours over 40 in a workweek under 29 U.S.C. § 207(a). There is no daily overtime in Florida — a 12-hour day is not overtime unless the week passes 40 hours.

Overtime must be paid on your regular rate, which includes non-discretionary bonuses, shift differentials, and most incentive pay, not just your base wage, under 29 C.F.R. § 778.109 and 29 C.F.R. § 778.208.

Work your employer knows about counts even if it was never requested or approved — including pre-shift setup, post-shift cleanup, and work taken home, under 29 C.F.R. § 785.11 and 29 C.F.R. § 785.13.

Florida minimum wage, tips, and the notice rule

Florida's minimum wage is set by the state constitution and rises on an annual schedule under Fla. Const. art. X, § 24, implemented by Fla. Stat. § 448.110. Employers taking a tip credit must still bring tipped workers to the full state minimum wage, and the federal tip rules appear in 29 U.S.C. § 203(m).

Florida minimum-wage claims carry a pre-suit step: before filing suit under the state statute, a worker must notify the employer in writing of the claim and allow 15 calendar days to resolve it under Fla. Stat. § 448.110(6). Federal overtime claims under 29 U.S.C. § 207(a) require no such notice, which is one reason claims are often framed federally.

What can be recovered under the FLSA

A successful FLSA claim recovers the unpaid wages plus an equal amount as liquidated damages, together with attorney's fees and costs, under 29 U.S.C. § 216(b). That doubling is the default; the employer must prove good faith to avoid it.

The lookback is two years, or three years if the violation was willful, under 29 U.S.C. § 255(a). State-law claims for unpaid wages have their own periods under Fla. Stat. § 95.11, and minimum-wage claims can reach back four or five years depending on the theory.

FLSA settlements of contested claims generally require court or Department of Labor approval to be enforceable, Lynn's Food Stores, Inc. v. United States, 679 F.2d 1350 (11th Cir. 1982), so a private release your employer asks you to sign may not end the claim.

Salaried, exempt, and 1099 labels

A salary does not make you exempt. The white-collar exemptions require both a salary basis and specific duties under 29 U.S.C. § 213(a)(1) and 29 C.F.R. Part 541, and job titles carry no weight.

For 1099 workers, Florida follows the federal economic-reality test rather than California's ABC test; the current federal framework is codified at 29 C.F.R. Part 795, and the Eleventh Circuit weighs control, investment, permanence, skill, and integration into the business.

Retaliation for complaining about pay — including an oral complaint — is prohibited by 29 U.S.C. § 215(a)(3), and the Supreme Court confirmed oral complaints are protected in Kasten v. Saint-Gobain Performance Plastics Corp., 563 U.S. 1 (2011).

Miami-Dade County questions

Does Florida pay daily overtime in Miami-Dade County?

No. Florida has no daily overtime rule; overtime is owed for hours over 40 in a workweek under 29 U.S.C. § 207(a). Long single days matter only through the weekly total, and unrecorded pre-shift or post-shift work still counts under 29 C.F.R. § 785.11.

Can I recover more than my unpaid wages?

Usually yes. The FLSA provides an equal additional amount as liquidated damages plus attorney's fees and costs under 29 U.S.C. § 216(b), unless the employer proves it acted in good faith.

Do I have to warn my employer before filing?

Only for Florida minimum-wage claims, which require written pre-suit notice and a 15-day cure period under Fla. Stat. § 448.110(6). Federal overtime claims under 29 U.S.C. § 207(a) have no notice requirement, but the deadline in 29 U.S.C. § 255(a) still runs.

Other Florida counties we serve

• Palm Beach County
• Broward County
• Martin County
• St. Lucie County
• Indian River County
• Okeechobee County