Unpaid Overtime Claims In Florida: What Are Liquidated Damages Under the FLSA

Jan 16, 2020


Welcome to Baytowne Reporting, your trusted source for comprehensive information on legal matters in the state of Florida. In this article, we will explore the topic of unpaid overtime claims in Florida, focusing specifically on what are liquidated damages under the Fair Labor Standards Act (FLSA). We will provide you with detailed insights and guidance to help you understand your rights as an employee and seek proper legal remedies.

The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law enforced by the United States Department of Labor (DOL) that establishes minimum wage, overtime pay, and record-keeping requirements for employees in the private and public sectors. Its primary goal is to ensure fair compensation for employees and protect their rights.

Unpaid Overtime Claims in Florida

Unpaid overtime claims occur when an employer fails to compensate eligible employees for the overtime hours they have worked. In Florida, the FLSA sets guidelines for overtime pay, stating that employees who work more than 40 hours in a workweek should receive overtime pay of at least one-and-a-half times their regular rate of pay.

Eligibility for Overtime Pay

It is important to note that not all employees are eligible for overtime pay. The FLSA provides exemptions for certain categories of workers, such as salaried employees who meet specific criteria related to their job duties and compensation. To determine your eligibility for overtime pay, it is advisable to consult with an experienced employment lawyer who can assess your situation and provide personalized guidance.

What Are Liquidated Damages?

When an employer violates the FLSA by failing to pay proper overtime wages, liquidated damages may come into play. Liquidated damages represent the additional compensation awarded to the employee as a form of penalty, in addition to the unpaid overtime wages. The purpose of liquidated damages is to compensate the employee for the losses suffered due to the employer's non-compliance with the law.

Calculation of Liquidated Damages

The FLSA stipulates that liquidated damages should be equal to the amount of unpaid overtime wages owed to the employee. However, under certain circumstances, the court may reduce or eliminate liquidated damages if the employer can demonstrate their good faith efforts to comply with the law, and the violation was not willful. It is crucial to seek legal counsel to ensure your rights are protected and to accurately calculate the liquidated damages you may be entitled to.

Seeking Legal Remedies

If you believe your employer has failed to pay you proper overtime wages and violated the FLSA, it is essential to take appropriate legal action. Consulting an experienced employment lawyer specializing in unpaid overtime claims is crucial to understanding your rights, evaluating your case, and exploring available legal remedies.

Statute of Limitations

It is important to be aware that there is a time limit for filing an unpaid overtime claim. The FLSA sets a two-year statute of limitations, which can be extended to three years if the employer's violation is found to be willful. Therefore, it is always recommended to act promptly to protect your legal rights.


Understanding unpaid overtime claims in Florida and the concept of liquidated damages under the FLSA is crucial for employees who have been denied proper compensation for their overtime work. Baytowne Reporting aims to provide comprehensive information and valuable insights to empower individuals to seek justice and protect their rights in the workplace. We recommend consulting with a qualified employment lawyer for personalized legal advice tailored to your specific circumstances.

About Baytowne Reporting

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