Best Wage & Hour Lawyers in Coral Gables

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Felicetti Law Firm
Coral Gables, United States

Founded in 2012
English
The Felicetti Law Firm is a multi state personal injury practice that represents accident victims across Florida, Georgia and New York. The firm handles car, truck, motorcycle and taxi cab accidents, as well as slip and fall, construction site injuries and other negligence claims. Through a network...
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About Wage & Hour Law in Coral Gables, United States

Wage and hour law in Coral Gables is shaped by federal and Florida state rules. The city relies on these broader frameworks to regulate pay, overtime, and workplace timekeeping. In practice, employees and employers in Coral Gables must follow the Fair Labor Standards Act (FLSA) at the federal level and the Florida Minimum Wage Act at the state level.

For most workers, key protections include overtime pay for non-exempt staff, minimum wage requirements, and accurate wage statements. The U.S. Department of Labor’s Wage and Hour Division enforces federal standards, while Florida agencies administer state requirements. A local wage dispute or misclassification can involve both federal and state processes, depending on the facts.

If you are navigating a wage dispute in Coral Gables, understanding how these layers interact is essential. An attorney can help you determine the applicable law, gather evidence, and pursue the appropriate remedy through settlement or litigation. This guide provides a practical overview tailored to Coral Gables residents and employers.

"Overtime pay under the FLSA requires non-exempt employees to be paid 1.5 times their regular rate for hours worked over 40 in a workweek."
Source: U.S. Department of Labor - WHD.

Why You May Need a Lawyer

Wage and hour issues can become complex quickly, especially when misclassifications or non payment of wages occur. Below are concrete scenarios you might encounter in Coral Gables that typically require legal guidance from a wage and hour attorney or solicitor.

  • A Coral Gables hotel underpays overtime to banquet staff after a multi day conference, failing to pay time and a half for hours over 40 in a workweek.
  • A local restaurant misclassifies tipped employees as exempt, reducing regular wages and failing to apply proper tip credits or overtime when hours exceed 40.
  • A landscaping contractor in Coconut Grove or nearby Coral Gables classifies workers as independent contractors to avoid payroll taxes and overtime obligations.
  • A private school or clinic in Coral Gables terminates an employee and withholds final wages or demands repayment for advances, causing wage disputes.
  • An employer refuses to provide pay stubs or misstates hours worked, making it difficult to verify pay accuracy and overtime eligibility.
  • Overtime or minimum wage issues involve non routine shifts, such as security staff or facilities personnel who clock in outside standard business hours.

In each scenario, a wage and hour attorney can assess whether federal or state law applies, review payroll records, and advise on options such as settlement, arbitration, or filing a claim with the appropriate agency. A local attorney can also explain how Coral Gables and Miami‑Dade County court procedures may affect your case.

Local Laws Overview

Federal law: Fair Labor Standards Act (FLSA)

The FLSA sets baseline rules for minimum wage, overtime pay, and recordkeeping for most private sector and some public sector workers nationwide. In Coral Gables, employers must comply with FLSA even when Florida law provides higher protections. Exemptions exist, and misclassification can be a common issue in wage disputes.

FLSA overtime rules generally require 1.5x pay for hours over 40 in a workweek for non exempt employees. Employers must keep accurate time records and report pay appropriately to employees. For more details, see the federal Wage and Hour Division guidance.

Florida Minimum Wage Act

Florida’s state minimum wage is established by the Florida Minimum Wage Act and enforced through state agencies. The act requires payment of at least the state minimum wage rate and governs how wages are calculated and paid. Florida law often provides greater protections than federal minimum wage requirements.

The Florida Constitution and statutes shape how minimum wage updates occur, including annual adjustments and any delayed implementation that may affect Coral Gables employers and workers. For official text and current rates, consult state statute resources and Florida’s government portals.

Florida Constitution Amendment 2 (2020) and minimum wage updates

Amendment 2, passed in 2020, directs a gradual increase in Florida’s minimum wage toward a target of $15 per hour. The amendment established a framework for incremental increases, with the full schedule implemented by 2026 unless updated by future action. This affects wage claims, especially for non exempt workers earning at or near the minimum wage in Coral Gables.

Official information about Amendment 2 and related election details is available from Florida’s government sites. For the amendment text and updates, refer to the state election authorities and statutory authorities.

Frequently Asked Questions

What is included in overtime under the FLSA?

Overtime under the FLSA applies to non exempt employees who work more than 40 hours in a workweek and must be paid at least 1.5 times their regular rate. Some exemptions apply based on job duties and salary level.

How do I know if I am eligible for overtime pay in Florida?

Eligibility depends on your job duties and salary. Some employees are exempt due to their role, duties, or earnings. A wage and hour attorney can evaluate your job description and pay records to confirm eligibility.

When should I file a wage claim in Florida?

Claims typically must be filed within a specific time frame from when the wages were due. The exact deadline can depend on whether you pursue federal or state remedies. A lawyer can help you identify the correct filing window.

Where can I file wage and hour complaints in Coral Gables?

Federal complaints go to the U.S. Department of Labor Wage and Hour Division. State level complaints may be filed with Florida agencies that handle wage and hour enforcement. An attorney can guide you to the right agency and process.

Why might my employer misclassify me as exempt in Coral Gables?

Some employers misclassify workers to avoid overtime and payroll taxes. Misclassification can be challenged by reviewing job duties, salary level, and work hours with professional help.

Do I need a lawyer to file a wage claim in Florida?

Hiring a lawyer can clarify eligibility, gather evidence, and negotiate settlements. For complex cases, experienced wage and hour counsel improves the likelihood of a favorable outcome.

Is there a statute of limitations for wage claims in Florida?

Yes, time limits apply for both federal and state wage claims. The exact period depends on the remedy pursued. A Florida wage and hour attorney can outline the deadlines for your situation.

How much is the Florida minimum wage currently?

Florida’s minimum wage is adjusted periodically, with updates tied to state law and Amendment 2. Check the Florida Department of Economic Opportunity or official statute pages for the latest rate.

What is the difference between federal and state wage laws?

Federal law sets baseline protections via the FLSA, while state law can provide higher minimums or additional rules. In Coral Gables, both levels may apply depending on the employer and job type.

Can a Coral Gables employer make me sign a wage related release or debt confession?

Generally, wage related releases or debt waivers may not be enforceable if they attempt to waive earned wages. A wage and hour lawyer can assess the validity of such agreements.

Should I report wage theft to the DOL or state agencies?

If your employer violated federal wage laws, report to the U.S. Department of Labor. For state violations or combined claims, contact Florida agencies. A lawyer can help determine the best route.

Do contractors have to pay wages in Coral Gables?

Independent contractor status changes wage obligations and overtime rights. A wage and hour attorney can review contracts and worker classifications to ensure proper payment and legal status.

Additional Resources

  • U.S. Department of Labor - Wage and Hour Division (WHD) - Enforces federal wage and hour laws and provides guidance for workers and employers. Official site: dol.gov/whd
  • Florida Department of Economic Opportunity (DEO) - Minimum Wage information - State level wage rules, annual updates, and employer obligations in Florida. Official site: floridajobs.org
  • Florida Attorney General - Consumer Protection and Wage Claims - State resources for wage disputes and related consumer protections. Official site: myfloridalegal.com
  • 11th Judicial Circuit Court (Miami-Dade) - Local court information - Miami-Dade County falls under the 11th Judicial Circuit for many wage and hour related actions. Official site: jud11.flcourts.org

Next Steps

  1. Identify your wage issue clearly by documenting hours worked, pay stubs, and any communications with your employer. Set a timeline for gathering evidence within 1-2 weeks.
  2. Search for a Coral Gables or Miami-Dade County wage and hour attorney through the Florida Bar Lawyer Referral Service and local bar associations. Allocate 1 week for outreach and initial consultations.
  3. Prepare questions for consultations, focusing on experience with FLSA overtime, Florida Minimum Wage Act, and misclassification issues. Bring at least 3 representative pay records and job descriptions.
  4. Request a written fee estimate and discuss possible fee arrangements (hourly, contingency, or hybrid). Expect initial consultations to last 30-60 minutes.
  5. Choose a lawyer and sign a retainer within 2-4 weeks of your first meeting if you are pursuing a claim. Ensure you receive a written engagement letter outlining scope and costs.
  6. Begin formal communications with the employer through your attorney, preserving all records. Consider early settlement offers, parallel to potential litigation if necessary.
  7. Monitor the timeline for any agency filing deadlines and court dates. Your attorney will guide you on the best path, including potential mediation or trial in the 11th Judicial Circuit Court.
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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.