Wage and Hour Counsel for Miami Employers

A wage and hour lawyer for employers in Miami helps a business respond when a worker or agency says pay was wrong. This page covers the rules that matter most, the first steps after a claim arrives, and how a pay review can lower risk before a claim is filed. KEW Legal focuses on business law for owners and investors in Miami-Dade County and South Florida.

What Wage and Hour Defense Covers for Miami-Dade Employers

Wage and hour defense means advising and representing an employer when someone claims unpaid minimum wage, unpaid overtime, or improper pay practices. It helps owners, managers, and HR leaders who need a lawyer before a dispute grows or while one is active.

KEW Legal has offices in Coral Gables and Sunny Isles Beach. The firm works with employers across Miami-Dade County and South Florida, including Broward County. Employment questions are handled as part of outside general counsel work for businesses. That means pay issues are reviewed alongside contracts, leases, and partnership matters.

This page is written from the employer’s side of a claim.

Wage Claims Defended in Miami-Dade

The most common claims involve overtime, minimum wage, and off-the-clock work. Each one turns on how pay was calculated and recorded.

• Overtime claims under the federal Fair Labor Standards Act (FLSA). A key question is whether a worker is exempt or non-exempt.
• Florida minimum wage claims. The state rate reaches $15.00 per hour on September 30, 2026, under Fla. Const. art. X, § 24. After that, the rate adjusts for inflation, and each new rate takes effect January 1.
• Tip credit questions. Tips can count toward the minimum wage only for tipped workers who meet the FLSA tip-credit rules. The credit is capped at the FLSA amount allowed in 2003, under the same provision.
• Daily hours for manual labor. Florida treats ten hours as a legal day’s work. Extra pay is due for longer days unless a signed written contract says otherwise, under Fla. Stat. § 448.01.
• Off-the-clock work, including rounding, missed breaks, and pre-shift or post-shift tasks.
• Misclassification, where a worker is paid as a contractor or as exempt when the role does not fit.
• Group claims filed by several employees. Early review of the scope matters.

Steps After a Wage Demand Arrives

The first steps are to read the demand, protect records, and calendar every deadline. Florida sets a clear sequence for minimum wage claims.

Under Fla. Stat. § 448.110, a worker must give the employer written notice before suing. The notice must name the minimum wage claimed, the work dates and hours, and the total unpaid wages. The employer then has 15 calendar days to pay or resolve the claim. The limitations clock is paused during those 15 days.

Here is how KEW Legal approaches the first stage:

1. Read the claim. Note the rate, dates, hours, and amount claimed.
2. Preserve records. Keep payroll, timekeeping, schedules, pay stubs, job descriptions, and related email. Do not edit or discard them.
3. Calendar the deadlines. Track the 15-day window and any agency or court dates.
4. Compare pay to the claim. Check what was paid against what the records show.
5. Choose a response. Options include paying the amount, negotiating, correcting future pay, or defending the claim.

The time limits for filing these claims depend on the type of claim, and many Florida civil limitations periods are set out in Fla. Stat. § 95.11. Florida law sets time limits for filing wage and overtime claims, and the deadline that applies depends on the type of claim and the facts involved, so anyone considering a claim should speak with an attorney promptly. Under Fla. Stat. § 448.110, an aggrieved person who prevails shall recover the full amount of any unpaid back wages plus the same amount as liquidated damages, and shall be awarded reasonable attorney’s fees and costs. Under Fla. Stat. § 448.110, if the 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 reduce the liquidated amount, including to no liquidated damages or an amount up to the unpaid minimum wages.

Retaliation is a separate risk. Florida’s whistle-blower statute also protects employees who object to practices that violate law, under Fla. Stat. § 448.102. In Gessner v. Southern Co., the Florida Supreme Court held that the employee must show the practice actually violates law.

Pay Practice Reviews That Lower Exposure

A pay practice review checks how workers are classified and paid before anyone files a claim. It finds problems while they are still easy to fix.

Our team can review:

• Exempt classifications, comparing job duties and pay against the rules.
• Overtime and daily-hour calculations, including rounding and break practices.
• Timekeeping systems and manager habits that affect recorded hours.
• Tip policies for tipped staff.
• Independent contractor agreements and vendor terms.
• Required workplace notices. Employers who must pay the Florida minimum wage must prominently post the state notice, under Fla. Stat. § 448.109. An employer found liable for intentional violations faces a fine of $1,000 per violation, payable to the state.

Handbooks deserve attention too. Florida courts have held that policy statements in an employment manual do not create enforceable contract rights, unless the manual states that the parties explicitly agree it is a separate employment contract, as in Quaker Oats Co. v. Jewell. A review can align handbooks, contractor terms, and vendor agreements so the policies match each other.

Why Employers Work With KEW Legal

KEW Legal is a Florida business law firm that acts as outside general counsel for business owners and investors. The firm focuses on business matters, and employment work fits within that role.

• Offices. KEW Legal has offices in Coral Gables and Sunny Isles Beach.
• Responsible lawyer. Kristina E. Wilson is the responsible lawyer for this page.
• Connected services. Wage questions can be reviewed alongside partnership disputes, business contract and vendor disputes, commercial leases, and business succession planning.
• Staff support. Support staff help keep records requests and deadlines organized while the legal work moves forward.

Common Questions Employers Ask About Wage Claims

Here are short answers to questions Miami employers ask after a wage claim arrives.

Talk With KEW Legal About Your Wage Claim

If a wage demand, a government agency letter, or a lawsuit just reached your business, the next decisions can’t wait. You’ll need to decide how to respond, which records to protect, and what to tell managers this week. If you need a wage and hour lawyer for employers in Miami, call 305-990-2300 or send a message through the KEW Legal contact page.