Under the Florida Minimum Wage Act, employees have the right to sue their employers for unpaid earnings. Before filing suit, the employee must file a complaint with the U.S. Department of Labor for violation of the federal labor laws. Once that complaint is filed, the employee can then file legal action.
Florida is an at-will state. Absent a contract or collective bargaining agreement, the employer or the employee can terminate the employment relationship at any time, with or without cause, with or without notice.
An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney's fees.
In California, employers are prohibited from withholding an entire paycheck for any reason.
Recovering Unpaid Wages Under the FLSA An employee seeking to recover unpaid wages under the FLSA may file a lawsuit in a federal or Florida State Court.