Overtime Lawsuit Defense for Florida Employers

An overtime lawsuit defense attorney helps a Florida employer answer a pay claim before it grows into a larger dispute. KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. Its lawyers focus on employment matters for employers, as part of outside general counsel work for businesses in Miami-Dade and South Florida. This page explains what wage claim defense covers, how the process runs, and why timing matters.

What Overtime and Wage Claim Defense Covers for Florida Employers

Wage claim defense means representing an employer when a worker says they were paid too little for overtime or minimum wage.

Florida adds its own rules on top of that.

Florida’s minimum wage comes from Article X, Section 24 of the Florida Constitution. The Florida minimum wage is recalculated yearly on September 30, based on the Consumer Price Index, under Section 448.109(3)(a). After that, the rate adjusts each year for inflation.

Florida law also addresses daily overtime, but under § 448.01 that limit applies only to persons employed to perform manual labor. Under § 448.01, ten hours of labor is a legal day’s work unless a signed written contract sets a different number of daily hours. Under Florida law, 10 hours of labor is a legal day’s work for a person employed to perform manual labor of any kind by the day, week, month or year, unless a written contract signed by the employee and the employer requires a less or greater number of hours daily; without such a written contract, the employee is entitled to extra pay for all work the employer requires in excess of 10 hours’ labor daily (Fla. Stat. § 448.01).

This service fits employers in these situations:

• Hourly staff who clock in and out, or who work shifts that run long.
• Salaried staff who may be wrongly treated as exempt from overtime.
• Pay plans that include bonuses, commissions, or shift differentials.

Demand Letters, Agency Inquiries and Collective-Action Notices

A wage claim usually arrives in one of three forms, and each one calls for a different first step. A demand letter comes from a current or former worker. An agency inquiry asks for records. A notice about a group case involves several workers at once.

For minimum wage claims, Florida law requires the worker to notify the employer in writing first. The notice must name the minimum wage claimed, the work dates and hours, and the total unpaid amount. After that notice, Section 448.109 provides that the employer has 15 days to resolve any claims for unpaid wages before the employee may bring a civil action.

A single letter can point to a bigger problem. Watch for these warning signs:

• The same pay rule applies to everyone in one role.
• Several workers raise similar complaints within a short time.
• The letter asks for timekeeping data or schedules, not just a payment.

A reply sent without a records review can narrow the dispute or widen it. The first response often sets the tone for everything that follows.

What the Defense Review Includes

A defense review checks the company’s pay records against the law before the company responds to anyone. The review covers several areas:

• Pay and timekeeping records: time punches, schedules, payroll registers, and how hours are rounded.
• Regular pay calculations: how bonuses, commissions, and shift differentials feed into pay.
• Off-the-clock work: pre-shift tasks, interrupted meal breaks, and work done on personal phones.
• Good-faith defense: under § 448.110, if an employer proves by a preponderance of the evidence that its act or omission was in good faith and that it had reasonable grounds for believing it was not a violation, the court may, in its sound discretion, award no liquidated damages or an amount not exceeding the unpaid minimum wages.

Each item shapes the company’s exposure. Each item also shapes the response the company can safely send.

How the Process Works, Step by Step

The process runs in order: intake, record preservation, records review, exposure review, response, and resolution. A Florida overtime lawsuit defense attorney follows these steps so that no reply goes out before the facts are checked.

1. Intake: a confidential call or message describing the letter or notice, the date it arrived, and any response date it states.
2. Preservation: payroll, timekeeping, and personnel records tied to the claim are kept intact.
3. Records review: pay records and exemption status are checked before any substantive reply.
4. Exposure review: the team identifies which workers and workweeks are involved and what the records show for each.
5. Response strategy: the company may send a written response, negotiate, cooperate with an agency, or prepare for litigation, based on the review.
6. Resolution and remediation: any settlement terms are documented, and pay practices are corrected going forward.

Deadlines matter. An employer found liable for intentionally violating minimum wage requirements is subject to a fine of $1,000 per violation, payable to the state, under Section 448.109(3)(a).

Fee rules cut both ways. Under § 448.08, a court may award the prevailing party in an unpaid wage action costs and a reasonable attorney’s fee.

Why Employers Work with KEW Legal on Wage Claims

KEW Legal reviews wage claims as part of its outside general counsel work for businesses. Pay questions get reviewed alongside contracts, policies, and HR practices.

• Responsible lawyer: Kristina E. Wilson leads this page’s wage claim work. Natalie Martinez is also one of the firm’s lawyers.
• Offices: Coral Gables and Sunny Isles Beach, serving businesses in Miami-Dade, Broward, and across South Florida.
• Related work: business partnership disputes, commercial contracts, business succession, and commercial leases.
• Stated focus: the firm focuses on employment matters for employers and the business issues around them.

When a wage question touches an ownership or contract issue, one file can cover both. That keeps the advice consistent across the company’s documents.

Questions Employers Ask Before Responding to a Wage Claim

Most early questions come down to one point. The company needs to check its records before it answers.

Free Initial Consultation and Next Step

The firm offers a free first consultation. It is confidential, with no obligation to continue.

If your company just received a wage demand letter, a government wage inquiry, or a notice about a group case, a response date may already be running. If you need an overtime lawsuit defense attorney for your Florida business, start with a conversation about that letter.

Call 305-990-2300 or send a message through the contact form to schedule your consultation. Bring the letter or notice and any pay records you have.

Kristina E. Wilson is the responsible lawyer for this page. KEW Legal’s office is in Coral Gables, Florida.