Labor & Employment Law
Unpaid Wages, Commissions and Bonuses
Employers are required to pay all wages, commissions, and bonuses earned according to their regular pay schedule and compensation policies. If you have a contractual agreement, commissions and bonuses must be paid as outlined in that agreement. However, if there is no contract, an employer may change future commission structures but cannot retroactively adjust already-earned commissions or bonuses. Employees who are owed wages may be able to recover them, along with attorneys’ fees and costs, but not liquidated damages.
Wage Theft Recovery
Some Florida counties have wage theft ordinances that provide employees with a method to recover unpaid wages, including:
- Broward Wage Theft Ordinance
- Hillsborough Wage Theft Ordinance
- Miami-Dade Wage Theft Ordinance
- Osceola Wage Theft Ordinance
- Palm Beach Wage Theft Ordinance
- Pinellas Wage Theft Ordinance
If you work or live in these counties, you may have additional legal options.
Federal Contractor Workers
Federal contract workers are not covered under Florida wage theft laws. Instead, they fall under the Contract Work Hours and Safety Standards Act, which has different wage and hour protections.
Taking Action for Unpaid Wages
If you believe you are owed wages, commissions, or bonuses, it is crucial to consult with an employment law attorney as soon as possible. The deadlines for filing wage claims vary depending on location and employment circumstances. Since wage and hour claims have strict time limits, it is important not to delay in pursuing legal action.
Your employer must pay you all wages that are due. Final wages should be paid according to your employer’s regular pay cycle. The same is true for unpaid commissions or bonuses, which also constitute unpaid wages.Â
You must be paid commissions and bonuses earned according to your employment contract, company payment structure or your employer’s compensation practices. Keep in mind that if you do not have a contractual agreement with your employer, your employer may change its commission policy at any time regarding future payments.Â
However, earned and accrued commissions or bonuses cannot be reduced or recalculated retroactively, so, if you already earned it, it is due to you. If you are owed wages, commissions or bonuses, you may be able to recover your lost wages plus your reasonable attorneys’ fees and costs if you are successful, but not liquidated damages.Â
Some Florida counties have passed wage theft and recovery ordinances that may allow you to recover unpaid wages from your employer. If you live or work in the below counties, this may be an option for you to pursue to recover your unpaid wages:Â
- Broward Wage Theft OrdinanceÂ
- Hillsborough Wage Theft OrdinanceÂ
- Miami-Dade Wage Theft OrdinanceÂ
- Osceola Wage Theft OrdinanceÂ
- Palm Beach Wage Theft OrdinanceÂ
- Pinellas Wage Theft OrdinanceÂ
No, as federal contractor workers fall under a different law, the Contract Work Hours and Safety Standards Act.Â
If you believe you have not been paid for work performed, schedule a consultation with an experienced employment law attorney like those at the Sass Law Firm to discuss your legal options as the deadlines to file vary depending on your location and circumstances surrounding your employment.Â
Many of these wage and hour claims have strict time limits to pursue, so don’t delay.Â