Miami Wage Rights Attorney Anisley Tarragona Explains How Long an Employer Can Delay Paying Workers in Florida
MIAMI, FL – September 15, 2026 — Workers across South Florida who have not received their earned pay often want to know how long an employer can legally withhold wages, and the answer depends on the type of compensation involved. Miami wage rights attorney Anisley Tarragona of BT Law Group, PLLC (https://btattorneys.com/how-long-can-an-employer-not-pay-you/) has published guidance addressing Florida’s wage payment rules, filing deadlines, and the remedies available to employees who are owed minimum wage, overtime, commissions, or bonuses.
According to Miami wage rights attorney Anisley Tarragona, Florida does not set a single statewide pay frequency for every private employer, which makes it important to identify the type of unpaid compensation before choosing a legal path. Wages required by the Fair Labor Standards Act, including federal minimum wage and overtime, are due on the regular payday for the pay period covered. “Many workers assume every part of their paycheck follows the same deadline, but minimum wage, overtime, commissions, and bonuses can each be governed by different rules,” Berkowitz explains.
Miami wage rights attorney Anisley Tarragona notes that other forms of compensation, such as salary, commissions, bonuses, or final pay, may depend on an employment agreement, a compensation plan, or another legal claim. Florida Statute § 448.110, known as the Florida Minimum Wage Act, sets the state’s minimum wage and provides remedies when an employer pays less than that rate, while Florida Statute § 448.08 does not create a separate claim but allows a court to award costs and a reasonable attorney’s fee to the prevailing party in a qualifying unpaid wage action.
When overtime cannot be calculated before the regular payday, the FLSA requires the employer to pay it as soon as the amount can be determined and no later than the next payday after the calculation can be made. Berkowitz points out that the FLSA does not provide a collection remedy for every promised salary, commission, bonus, vacation pay, or severance amount above its minimum wage and overtime protections, meaning those disputes may turn on the terms of an agreement or on Florida law.
On the question of final paychecks, Attorney Berkowitz observes that Florida does not have a general law requiring private employers to issue a final paycheck on an employee’s last day, and federal law does not require immediate payment either. “Different parts of a final paycheck may carry different payment dates,” he says. “Earned commissions, nondiscretionary bonuses, and accrued paid time off may be governed by a plan or policy that allows calculation after employment ends, so the plan terms matter.”
The firm’s guidance also addresses worker classification. The FLSA’s minimum wage and overtime protections apply to employees rather than to bona fide independent contractors, and a signed contract does not by itself determine employment status. Classification depends on the economic realities of the entire working relationship, including whether the worker is economically dependent on the company or is in business for themselves.
Berkowitz emphasizes that being paid a salary or holding an exempt title does not automatically remove overtime rights. The executive exemption generally requires payment of at least $684 per week on a salary basis along with qualifying duties, and most administrative and professional exemptions apply a similar threshold with their own duties tests. When actual pay or job duties do not satisfy the exemption requirements, an employee may have been misclassified and may seek unpaid overtime for covered workweeks within the filing period.
Attorney Anisley Tarragona, a founding partner at BT Law Group, PLLC, reviews an employee’s actual duties, pay method, and work hours to assess whether an exemption applies and to estimate any unpaid overtime that may be owed. The firm can compare pay records against compensation plans to determine when a commission or bonus was earned and whether it should have been included in the regular rate used to calculate overtime.
Filing deadlines depend on the law supporting the claim. Berkowitz advises that FLSA minimum wage and overtime actions generally must be filed within two years, or three years for a willful violation, while Florida Minimum Wage Act claims allow four years, or five years for a willful violation. Before filing a lawsuit under the Florida Minimum Wage Act, an employee must provide written notice identifying the wages claimed and give the employer 15 calendar days to pay or resolve the claim, a step that does not apply to FLSA claims or contract claims involving commissions or bonuses.
For workers whose employers missed a payday, shorted a final paycheck, or withheld commissions, bonuses, or overtime, consulting a Miami wage and hour attorney may help identify the applicable law, preserve supporting records, and meet the relevant filing deadline before it expires.
About BT Law Group, PLLC:
BT Law Group, PLLC is a Miami-based employment law firm founded by attorneys Jason D. Berkowitz and Anisley Tarragona. The firm represents employees throughout Miami and South Florida in unpaid wage claims, worker misclassification, unpaid overtime, and related employment matters, with Spanish-language service available. The office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137. For consultations, call (305) 507-8506.
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Phone: (305) 507-8506
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Website: https://btattorneys.com/
