Outstanding Salary Payment

[marlawre]

What is the name of your state? Florida

I'm hoping someone can point me in the right direction. I worked for a company that had financial issues - it was privately capitalized - and due to infrequent pay periods and late payment of monthly salary, I resigned and left. It has now been 8 months since I left and am still owed one month's salary. There have been repeated promises of the payment of this - I have all the emails dating back to when I left. I just can't seem to find what my rights are regarding this owed salary - either in Federal Labor Law or Florida Labor Law - and what I can do to pursue this further. Can anyone point me in the right direction?

Thanks

 

[pattytx]

Your recourse is to either file a claim for unpaid wages with the federal DOL (Florida did away with theirs several years ago), but they can only enforce minimum wage.

Do you know where the owners are? A civil suit would probably be your best bet. Contact an attorney.

 

[marlawre]

Yes - I know where they are - because I couldn't find anything about enforcement of that, I assumed it would have to be a civil thing - I was just wondering if there was any statute that basically made the non-payment of money owed (both salary and wages) illegal.

Thanks for the advice!

 

[pattytx]

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.13.htm

The above basically applies to all employees. If you were exempt and the classification required a fixed weekly salary (not all do, but most), also this:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/Subpart_G.htm

As far as Florida goes, this is basically all the help they can give you (which isn't much).
http://www.floridajobs.org/resources/fl_min_wage.html