Unpaid Wage Claims
You work hard for your paycheck—you deserve every dollar you've earned. When employers fail to properly compensate employees for their work, it's not just unfair—it's illegal. At Avila Legal Counsel P.A., we stand up for workers who have been victims of wage theft, fighting to recover unpaid wages, overtime, tips, and other compensation. If your employer hasn't paid you what you're owed, we can help.
Comprehensive Wage and Hour Representation
Wage theft takes many forms, and employers use various tactics to avoid paying workers what they're legally entitled to receive. We handle all types of unpaid wage claims under federal and Florida law, including:
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Unpaid Overtime: Recovering time-and-a-half pay for hours worked over 40 in a workweek, which most non-exempt employees are entitled to under the Fair Labor Standards Act (FLSA).
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Minimum Wage Violations: Ensuring you receive at least the federal or Florida minimum wage for all hours worked.
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Off-the-Clock Work: Pursuing compensation for work performed before clocking in, after clocking out, during unpaid breaks, or at home.
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Unpaid Commissions: Recovering earned commissions that employers improperly withhold or fail to pay according to commission agreements.
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Tip Theft: Protecting servers, bartenders, and other tipped workers from illegal tip pooling, management taking tips, or employers keeping tips.
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Misclassification: Challenging improper classification as an independent contractor or exempt employee to avoid paying overtime and benefits.
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Unpaid Final Wages: Recovering wages owed when employment ends, including accrued vacation pay and final paychecks.
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Salary Misclassification: Pursuing overtime for salaried employees who are improperly classified as exempt but actually perform non-exempt duties.
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Time-Shaving: Recovering wages when employers automatically deduct time, round down hours, or manipulate time records to reduce pay.
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Unpaid Training and Meetings: Seeking compensation for mandatory training sessions, staff meetings, and work-related activities.
Common Forms of Wage Theft
Wage theft is more widespread than many people realize. Employers—whether intentionally or through poor practices—deprive workers of earned wages through tactics such as:
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Requiring employees to work "off the clock"
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Paying straight time instead of overtime for hours over 40 per week
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Misclassifying employees as managers or independent contractors
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Failing to pay for donning and doffing protective gear
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Not compensating for travel time between job sites
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Forcing employees to work through meal breaks without pay
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Deducting from paychecks for uniforms, equipment, or cash register shortages
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Withholding final paychecks or earned vacation pay
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Paying employees in cash to avoid taxes and wage laws
Your Rights Under Federal and Florida Law
Multiple laws protect Florida workers from wage theft:
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Fair Labor Standards Act (FLSA): This federal law establishes minimum wage, overtime pay, and recordkeeping requirements. Most employees are entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek.
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Florida Minimum Wage: Florida's minimum wage is higher than the federal minimum, and employers must pay whichever is greater.
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Florida Statutes: State law provides additional protections regarding timely payment of wages and penalties for employers who violate wage and hour laws.
Building Your Case
We understand that taking on your employer can feel intimidating, especially if you're still employed. Rest assured—federal and state law prohibit retaliation against employees who assert their wage rights. Here's how we build your case:
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Document Review: We examine your pay stubs, time records, employment contracts, and communications to identify wage violations.
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Damage Calculation: We work with you to determine exactly how much you're owed, including unpaid wages, overtime, and applicable penalties.
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Investigation: We gather evidence including timekeeping records, witness statements, and employer policies that prove wage violations.
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Class and Collective Actions: When multiple employees suffer similar wage violations, we can pursue class action or collective action claims to maximize recovery for all affected workers.
What You Can Recover
Wage and hour laws provide powerful remedies for workers, including:
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All unpaid wages and overtime owed
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Liquidated damages (often doubling your recovery under the FLSA)
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Attorney's fees and court costs
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Penalties for willful violations
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Protection from retaliation
In many wage cases, the law requires employers to pay your attorney's fees, meaning you can pursue your claim without worrying about legal costs eating into your recovery.
No Fee Unless We Win
We understand that when you're dealing with unpaid wages, the last thing you need is worry about how to pay a lawyer. That's why we handle most wage theft cases on a contingency fee basis—you don't pay attorney's fees unless we successfully recover money for you. Additionally, wage and hour laws often require employers to pay your attorney's fees when you win, protecting your full recovery.
Why Choose Avila Legal Counsel P.A.
Wage theft cases require knowledge of complex federal and state employment laws. We provide:
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Extensive Experience: We understand the nuances of wage and hour law and have successfully recovered compensation for workers across various industries.
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No Upfront Costs: We take wage cases on contingency, so you pay nothing unless we win.
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Retaliation Protection: We know the law prohibits employer retaliation and we vigorously protect your rights.
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Thorough Representation: We investigate your claim completely, ensuring we recover all wages and penalties you're entitled to receive.
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Workers' Advocate: We're committed to holding employers accountable and fighting for fair treatment of all workers.
Don't let your employer get away with wage theft. Contact Avila Legal Counsel P.A. today for a free consultation to discuss your unpaid wage claim and learn how we can help you recover what you've earned.
FREE
CONSULTATION
11120 N Kendall Dr, Suite 200, Miami, FL 33176
+1 (305) 249-1111
As a courtesy to prospective clients, Manny Avila, Esq. offers a complimentary initial review of your case via a brief scheduled phone or video conference. While a comprehensive review of all relevant facts, documents, and laws is necessary before providing a formal legal opinion, this initial call will give you a general understanding of the issues at hand and whether our law firm can assist you.