Fair Labor Practice Act (FLSA)

In Florida there is an abundance of FLSA investigations and litigation.


The FLSA can affect almost every employer and business, from a family-run business to an international corporation. In Florida, the potential damages in these FLSA overtime and minimum wage cases can be expensive to litigate and even expensive to settle without going to trial because attorneys’ fees can be awarded if the employee prevails.

The number of employees who have been claiming that their employer improperly misclassified them as exempt from the FLSA requirements to pay overtime and minimum wage has increased over recent years. A common claim by employees is that they allege that they were forced to work “off the clock” and missed meals and rest breaks or worked pre-shift and post-shift without being paid overtime compensation, or even their regular rate of pay.  In Florida, these overtime and minimum wage FLSA cases have to be carefully handled by competent employment counsel because these type of cases lend themselves to employees suing as a class or collective action which significantly widen the exposure to an employer.

At the Law Office of David Miklas, P.A., we concentrate on legal strategies that make common sense. In a typical FLSA case in Florida, our key to efficiently defending this type of case is to immediately ascertain whether a violation exists and correct the situation, if needed.  Each FLSA case is reviewed with a cost-effective approach while working with our clients to ensure their interests are protected. If it makes business sense and the client chooses, we will assist to resolve a case.  However, in other cases, we will aggressively defend the case by seeking dismissal of any claim that lacks merit depending on how our client wants to proceed. It is important to be in compliance with FLSA regulations and to assess these claims early in litigation in order to minimize damages.

The Law Office of David Miklas, P.A. is a wage and hour defense litigation law firm serving all of Florida, including Indian River County, St. Lucie County, Martin County, and Palm Beach Counties in FLSA overtime and minimum wage cases.


management labor & Employment law

Law Office of David Miklas, P.A.