Facing an Overtime Lawsuit? Get Your Business Counsel Involved Early

Defending an Overtime Lawsuit as a Florida Employer

An overtime lawsuit claims an employer did not pay workers correctly for extra hours they worked. If you are looking for an overtime lawsuit attorney for employers Florida businesses can call early, this page explains how these claims work from the business side. It covers what a defense includes and how a matter usually moves.

This page is written for business owners, managers, and HR leaders in Miami-Dade and Broward County. You may have received a demand letter, a complaint, or an agency inquiry. Response deadlines can arrive quickly, so early planning helps.

KEW Legal is a Florida business law firm with offices in Coral Gables and Sunny Isles Beach. The firm serves as outside general counsel for business owners and investors across Miami-Dade and South Florida. Employment questions are one part of that work.

Florida Minimum Wage Rules Employers Must Follow

Florida’s minimum wage law sets its own rules for minimum wage claims. Before suing under Fla. Stat. § 448.110, a worker must notify the employer in writing. The notice must state the minimum wage claimed, the work dates and hours, and the total unpaid amount. The employer then has 15 calendar days to pay or resolve the claim, and the filing clock pauses during that window.

Time limits also matter. The statute of limitations for an action brought under Fla. Stat. § 448.110 is the period of time specified in s. 95.11, beginning on the date the alleged violation occurred.

What the Overtime Defense Covers

A defense starts with the response and the records. Then it covers the legal questions the claim raises.

• Responding to the notice. We review the demand, complaint, or agency letter and build a response plan around any deadline it sets.
• Preserving records. Payroll, timekeeping, schedules, and job descriptions should stay intact for the period at issue.
• Testing pay data. We check rounding, off-the-clock work, break practices, and whether recorded hours match hours worked.
• Reviewing classification. Each role is tested against the salary and duties rules for exempt status.
• Liquidated damages. These are extra damages equal to back pay. Under § 448.110, a court may award no liquidated damages, or a smaller amount, if the employer proves by a preponderance of the evidence that its act was in good faith and that it had reasonable grounds for believing the act was not a violation.
• Settlement talks. Florida law generally keeps evidence of a compromise offer out when it is offered to prove liability. See § 90.408.
• Retaliation risk. Florida’s minimum wage amendment bars adverse action against a worker for complaining about pay. Disciplining someone for raising pay questions can create a second claim.

Fee exposure runs both ways. Under Fla. Stat. § 448.08, a court may award costs and a reasonable attorney’s fee to the prevailing party in an unpaid wage action.

How an Overtime Matter Moves Forward

Most matters move from a first review, to a response, to settlement talks or court. How long each step takes depends on the facts.

1. Free first consultation. Your first consultation is free, confidential, and comes with no obligation to continue. We review the notice and your pay records together.
2. Preserve documents. Collect and hold records for the affected period. Avoid changing them.
3. Assess exposure. We review classification, hours data, and how far back a claim can reach. Then we explain your options.
4. Respond or negotiate. We answer the claim or talk directly with opposing counsel.
5. If the case proceeds. Courts must refer any filed civil action for monetary damages to mediation when a party asks, provided the requesting party is willing and able to pay the costs of the mediation or the costs can be equitably divided between the parties, subject to listed exceptions. See § 44.102. Florida’s offer-of-judgment rule can shift costs and fees. If a plaintiff rejects a written offer and the judgment comes in at least 25 percent below it, the defendant may recover those costs and fees. See § 768.79.

Employers often make two mistakes. They ignore an informal demand because it seems routine. They also change pay practices mid-claim without a review. Both can affect the case, so talk with counsel before acting.

Why Employers Work With KEW Legal

KEW Legal handles employer-side employment questions as part of its outside general counsel work. Pay advice stays consistent with your contracts, leases, and partnership issues.

• Offices and reach. KEW Legal has offices in Coral Gables and Sunny Isles Beach. The firm serves business clients across Miami-Dade and South Florida.
• Lawyers. Kristina E. Wilson and Natalie Martinez handle employment matters for employers. Our attorneys also advise on the company’s other legal needs.
• Connected advice. Employment, contract, and lease questions are reviewed together, so one plan covers the whole business.
• Prevention. Pay practice reviews can surface problems before a claim arrives. Under § 448.110(4)(b), the adjusted state minimum wage rate and effective date must be published on state agency websites by October 15 of each year. See § 448.109 for the notice poster requirement. See § 448.109.
• Privileged talks. Communications with a lawyer for legal services are generally privileged under Florida law, with exceptions such as crime or fraud. See § 90.502.
• Clear terms. We discuss costs and timing at the first consultation. We explain what to expect, but no outcome can be promised.

This page is the responsibility of Kristina E. Wilson at KEW Legal in Coral Gables, Florida.

Frequently Asked Questions About Overtime Lawsuits Against Employers

Speak With KEW Legal About a Pending Overtime Claim

If a demand letter, complaint, or agency notice claiming unpaid minimum wage has reached your company, the response window may already be open. Send us a message or call 305-990-2300 to schedule your free first consultation with Kristina E. Wilson or Natalie Martinez.