Florida Wage Theft Demand Letter

Sample Language

[Your Name]
[Your Address]
[City, State, ZIP]

[Date]

[Employer Name]
[Address]

RE: Formal Demand for Unpaid Wages - FLSA and FL Stat § 448.110
Employment Period: [START DATE] to [END DATE or "present"]
Position: [JOB TITLE]

Dear [Employer Name]:

This letter constitutes formal demand under the Fair Labor Standards Act (29 USC § 201 et seq.), Florida Statute § 448.110, and common law for payment of earned but unpaid wages.

EMPLOYMENT BACKGROUND:

I was employed by [COMPANY NAME] as [JOB TITLE] from [START DATE] to [END DATE or "present"]. During my employment, I regularly worked [X] hours per week, including [X] hours of overtime weekly, at a rate of $[HOURLY RATE or "salary of $X"].

WAGE THEFT VIOLATIONS:

Despite working these hours and performing all required duties, you have failed to pay me earned compensation:

1. UNPAID OVERTIME (FLSA Violation):
You required me to work [X] hours per week on average, yet paid me only for 40 hours or paid straight-time for overtime hours. Under 29 USC § 207, I am entitled to 1.5x regular rate for all hours over 40/week.

Calculation:
- Weeks worked with overtime: [X weeks]
- Average overtime hours/week: [X hours]
- Total overtime hours: [X weeks × X hours = X total]
- Regular rate: $[AMOUNT/hour]
- Overtime rate (1.5x): $[AMOUNT/hour]
- Amount paid for these hours: $[AMOUNT or $0]
- Amount owed: $[TOTAL OVERTIME OWED]

[If misclassified as exempt:]
You misclassified me as "exempt" from overtime, but my actual job duties do not meet FLSA § 213(a)(1) exemption requirements. I did not perform executive, administrative, or professional duties. [Describe actual duties showing non-exempt status]. This misclassification was willful and designed to avoid paying overtime.

2. UNPAID REGULAR WAGES:
You failed to pay me for [describe: "final paycheck," "commission earnings," "hours worked during [DATES]"].
Amount owed: $[AMOUNT]

3. MINIMUM WAGE VIOLATIONS:
[If applicable] You paid me $[AMOUNT] per hour, below [federal minimum $7.25 / FL minimum wage]. Additionally, your illegal deductions for [uniforms, cash shortages, equipment] reduced my effective hourly rate below minimum wage.
Amount owed: $[AMOUNT]

4. OFF-THE-CLOCK WORK:
You required me to [arrive early and set up before clocking in / work through unpaid lunch breaks / complete closing tasks after clocking out]. This constitutes [X] hours of unpaid work per week for [X] weeks.
Amount owed: $[AMOUNT]

TOTAL UNPAID WAGES:

- Unpaid Overtime: $[AMOUNT]
- Unpaid Regular Wages: $[AMOUNT]
- Minimum Wage Shortfall: $[AMOUNT]
- Off-the-Clock Work: $[AMOUNT]
Total Unpaid Wages: $[AMOUNT]

LIQUIDATED DAMAGES & PENALTIES:

Under 29 USC § 216(b), your willful FLSA violations subject you to:

- Unpaid Wages: $[AMOUNT]
- Liquidated Damages (equal to unpaid wages): $[AMOUNT]
- Subtotal: $[DOUBLE the unpaid wages]
- Attorney Fees and Court Costs: [Mandatory if I prevail]

Additionally, under FL Stat § 448.110, your knowing failure to pay earned wages constitutes theft, subjecting you to criminal prosecution.

SETTLEMENT DEMAND:

To resolve this matter without litigation or criminal referral, you must within 14 days:

1. Pay $[TOTAL UNPAID WAGES] in earned but unpaid wages
2. Pay $[LIQUIDATED DAMAGES AMOUNT] in FLSA liquidated damages
3. Provide written accounting of all hours worked and compensation paid
4. Provide Form W-2 or 1099 (as applicable) reflecting all payments
5. Agree not to contest unemployment compensation if I file
Total Demand: $[TOTAL including liquidated damages]

CONSEQUENCES OF NON-PAYMENT:

Failure to pay within 14 days will result in:

1. Federal Lawsuit: I will file suit in U.S. District Court seeking:
- All unpaid wages: $[AMOUNT]
- FLSA liquidated damages: $[AMOUNT]
- Reasonable attorney fees (typically $15,000-$40,000 for wage cases)
- Court costs and litigation expenses
- Pre-judgment and post-judgment interest

2. Criminal Complaint: I will file formal complaint with:
- [County] State Attorney for prosecution under FL Stat § 448.110 (felony wage theft)
- Florida Department of Revenue Reemployment Tax Unit
- U.S. Department of Labor Wage & Hour Division

3. Regulatory Complaints:
- Federal Department of Labor investigation of FLSA violations
- IRS referral for payroll tax evasion (misclassification fraud)
- Florida Department of Economic Opportunity

4. Public Disclosure:
- Public court records documenting wage theft
- DOL public database of FLSA violators
- Online reviews warning other job seekers

FLSA ATTORNEY FEE PROVISION:

Under 29 USC § 216(b), courts MUST award attorney fees to prevailing employees. Your liability will include my attorney's fees ($15K-$40K+) in addition to unpaid wages and liquidated damages. A $10,000 wage claim can generate $50,000+ in total liability.

Paying now is far less expensive than forcing litigation.

EVIDENCE PRESERVATION:

I have documented all unpaid hours via: [personal time records, emails showing work hours, text messages, witness statements from coworkers, time clock records]. Under FLSA, you have burden to maintain accurate time records - your failure to do so will be held against you.

CONCLUSION:

You had a legal obligation to pay me for all hours worked and overtime compensation under FLSA. Your failure to do so violates federal law and Florida Statute § 448.110.

Pay the demanded amount within 14 days or face litigation with attorney fees, liquidated damages, and criminal prosecution.

I expect payment via [certified check / wire transfer] within 14 days.

Sincerely,
[Your Signature]
[Your Name]
[Phone Number]
[Email Address]