Q: If I don't like the outcome of the Labor Board, can I take my old employer to court instead?
I am owed $5000 from my old employer. I went to the Labor Board and since I didn't work over 40 hours I only can get 7.25 minimum wage which means my old employer would only owe about $1500. He was supposed to pay by August 7th, but still hasn't. I am unhappy with the amount I am getting back and the fact that they are not enforcing him to pay what he owes. I would like to know if it is worth getting a lawyer to help me fight this case, or if it will end up costing me more.
A: Yes. If by "Labor Board" you mean the U.S. Department of Labor, they only have jurisdiction to enforce the federal overtime and minimum wage laws. The state minimum wage in Florida is $8.56 per hour. You could pursue a civil action for the higher state minimum wage amount plus potential liquidated damages.
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