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Miami Wage & Hour

Miami Wage & Hour Employment Attorneys

Miami wage and hour employment attorneys protect workers from unpaid overtime, minimum wage violations, tip theft, and misclassification. 

Hospitality workers in Miami’s restaurants and hotels face illegal tip pooling, construction crews are often misclassified, and call center employees report time shaving that cuts hours from their paychecks. Healthcare workers and gig economy drivers also experience unpaid overtime and misclassification. USA Employment Lawyers helps Miami workers recover lost wages and stand up against unfair labor practices.

Top 5 Wage Violations Miami Workers Face

  1. Unpaid Overtime – Not receiving time and a half after 40 hours in a week.
  2. Minimum Wage Violations – Getting paid less than Florida’s legal minimum.
  3. Illegal Tip Pooling – Tips taken by managers or shared with non-tipped staff.
  4. Misclassification – Being labeled a contractor instead of an employee.
  5. Time Shaving – Employers cutting hours from timesheets to lower paychecks.

Local Minimum Wage in Miami

Florida’s minimum wage increases annually until it reaches $15.00 per hour in 2026, then adjusts with inflation each year after. For Miami workers:

Florida Minimum Wage Increase Schedule – Standard vs. Tipped

Year

Minimum Wage

Tipped Minimum Wage

Maximum Tip Credit

Overtime Rate (Full Minimum)

Sept. 2024

$13.00

$9.98

$3.02

$19.50

Sept. 2025

$14.00

$10.98

$3.02

$21.00

Sept. 2026

$15.00

$11.98

$3.02

$22.50

2027+

Inflation-adjusted

Adjusted annually

$3.02 (unless changed by law)

Adjusted annually

These increases are designed to help wages keep pace with Miami’s high cost of living. Employers who do not comply are breaking the law.

If your paycheck does not reflect these rates, USA Employment Lawyers can help you recover the pay you are owed.

Industries in Miami with Frequent Violations

  • Restaurants and Hotels – Tip pooling, service charges, and unpaid overtime are common in the hospitality sector.
  • Construction and Skilled Trades – Misclassification and daily rate pay structures deny overtime rights.
  • Call Centers and Office Staff – Time shaving and off-the-clock work are frequent complaints.
  • Healthcare and Home Care Workers – Long shifts often go unpaid at proper overtime rates.
  • Gig Economy and Delivery Drivers – Misclassification and tip theft are widespread.
  • Retail Employees – Off-the-clock work, forced unpaid breaks, and underpayment remain common.
  • Warehouse and Logistics Workers – Employers sometimes dock hours or fail to pay overtime.

And more  wage violations occur across nearly every sector in Miami’s diverse economy.

Filing a Wage Claim in Miami

Workers in Miami who believe they have been underpaid have different options for filing a claim. The right strategy depends on the type of violation, how much money is owed, and whether one employee or a group is affected.

An experienced wage and hour attorney will review your case and determine the most effective way to recover the pay you earned. For example, a group of hotel servers facing the same illegal tip pooling practice may file together, while a single construction worker denied overtime may file individually.

It is important to act quickly because wage claims are subject to strict filing deadlines. Preserving pay stubs, schedules, and timesheets is critical to building a strong case.

Why Workers Choose USA Employment Lawyers

At USA Employment Lawyers, wage and hour law is not just one of many practice areas — it is the focus of our practice. We have deep experience in cases involving unpaid overtime, minimum wage violations, misclassification, and tip theft.

  • Specialized in Wage and Hour Law – This is our primary practice.
  • Proven Results – We have recovered millions in unpaid wages for workers across Miami and South Florida.
  • No Recovery, No Fee – You pay nothing unless we win.
  • Personalized Support – Every case is reviewed and handled with careful attention.

We have the track record and strategy to hold Miami employers accountable and recover the wages workers deserve.

Get the Wage Justice You Deserve in Miami

Call our office or fill out our online form to connect with attorneys who fight for fair pay. We have helped workers across Miami and South Florida recover millions in unpaid wages, and we are ready to fight for you.

Frequently Asked Questions

What is the minimum wage in Miami in 2025?
Starting September 30, 2025, the minimum wage in Miami will be $14.00 per hour, with an increase to $15.00 in 2026.

Can tipped workers in Miami be paid less than minimum wage?
Yes, but only if their tips bring total pay up to the full minimum wage. As of September 30, 2024, tipped workers must receive at least $9.98 per hour in direct wages, and employers can only claim a tip credit of $3.02.

What is the overtime rate for tipped workers in Miami?
Overtime must be based on the full minimum wage. That equals $19.50 per hour in 2024, $21.00 in 2025, and $22.50 in 2026.

How do I file an overtime claim in Miami?
The process depends on your situation. Some cases involve reviewing payroll and time records, while others may focus on off-the-clock work. An attorney can evaluate your evidence and guide you through the proper steps.

What should I do if I am misclassified?
If you are treated like an employee but classified as a contractor, you may be owed back wages and overtime. A lawyer can review your duties and pursue a claim.

How long do I have to file a wage claim in Miami?
Most claims must be filed within two to three years of the violation. The deadline depends on the details of your case and whether the violation was intentional.

Why are hospitality and construction workers in Miami at risk for wage theft?
Because Miami’s economy relies heavily on hospitality and construction, workers in these industries face higher risks of unpaid overtime, misclassification, and illegal tip practices.

Why Choose USA Employment Lawyers?

  • Quick & Methodical Results
  • Open Communication with Clients
  • Led by a Former Prosecutor
  • Personalized Representation
  • Free & Confidential Case Evaluations
  • Utilizing an Ethical Approach

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