Overview
The Legal Aid Society of Palm Beach County upholds the rights of employees to earn a fair wage and receive the benefits to which they are entitled. The goal of the Legal Aid Society of Palm Beach County’s Wage Dispute Project is to provide free, quality legal services to employees who are owed wages by their employers due to nonpayment or underpayment. We ensure low-income workers are treated with dignity and are able to provide for themselves and their families. We are here to help all employees of Palm Beach County, regardless of immigration status.
Pursuant to Palm Beach County Resolution R-2012-1857, the Legal Aid Society is working to settle wage disputes between employees and employers in Palm Beach County. We are working with the Department of Labor to address egregious cases of wage theft and with the Palm Beach County State Attorney’s Office to address cases involving intimidation and threats against workers making claims.
Services
What Services Does the Wage Dispute Project Cover?
All workers have a legal right to the wages they’ve earned. “Wage theft” refers to the nonpayment or underpayment of wages. Examples of situations that constitute wage theft and that are handled by the Wage Dispute Project include:
- Employees not being paid their final paycheck
- Employees not being paid minimum wage
- Employees not being paid overtime hours at a rate of at least 1.5 times their regular hourly rate
- Employers misclassifying employees as independent contractors to cheat employees by avoiding having to pay them minimum wage and overtime
- Employers making illegal deductions from an employee’s paycheck
- Employers forcing employees to work off the clock
Wage disputes can occur in all types of employment relationships. Wage disputes can arise regardless of whether employees are paid hourly, paid daily, paid weekly, paid a weekly salary, or even paid by project. Disputes are prevalent in many of the low wage service industries that make up the backbone of the South Florida economy. When employers get away with wage theft, it creates an unfair advantage over honest competitors and negatively impacts working standards for all employees in the community.
However, receiving compensation for the work you performed can sometimes be a problem. Different factors may affect your rights, including whether you are considered an employee or an independent contractor.
Applying To Receive Legal Services From the Wage Dispute Project
If you are an employee who has a wage dispute and are seeking help from the Wage Dispute Project, there are various ways to apply for our services. You can apply online for legal services 24 hours a day, by first clicking on the “Legal Help” tab, then clicking on the “How Do I Get Help?” section and filling out an application.
Alternatively, you can call the Wage Dispute Hotline at (561) 655-8944 Ext. 358 to speak to an Intake Specialist and apply by phone. If our Intake Specialists are unable to answer your call, please leave a message with your full name and phone number and we will be in contact with you just as soon as we are able.
Lastly, you may apply to receive services from the Wage Dispute Project by filling out a paper application form and submitting it in person to our office. Our address is 423 Fern Street, Suite #200, West Palm Beach, FL, 33401. Please note however that the Wage Dispute Project is not prepared to handle “walk-in” applicants. We will review your application for services, and if it appears that you meet our basic guidelines, an appointment will be made for you with a Wage Dispute Project attorney.
Which Individuals Qualify For The Wage Dispute Projects's Services
The Wage Dispute Project provides assistance to individuals – typically low-wage and unemployed workers – protecting your rights through minimum wage, overtime, unpaid wages, and other wage and hour issues. Generally, in order to be eligible for free legal assistance from the Legal Aid Society’s Wage Dispute Project, you must meet the following criteria: having an employer-employee relationship, being owed unpaid wages or underpaid wages from an employer, meet the amount requirements, and financially qualify for civil indigency (as determined by the Circuit/County Courts of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida). Additionally, a case-by-case determination is made by our staff attorneys to verify that the wages owed are owed to employees who are within the scope of the Wage Dispute Program; generally, the criteria for qualifying employees includes:
- Employees who do live in Palm Beach County: If an individual resides in Palm Beach County and has a claim for unpaid or underpaid wages, they will likely qualify for our services regardless of whether the work was done in Palm Beach County or not.
- Employees who do not live in Palm Beach County: For an employee who does not live in Palm Beach County to qualify for the Wage Dispute Project’s services, the work done must have been done in Palm Beach County for the employee to qualify for our services.
In cases where the Legal Aid Society of Palm Beach County is unable to assist you directly, every effort will be made to refer you to the appropriate agency, organization, or private attorney for assistance with your claim for unpaid wages.
Note: The Legal Aid Society of Palm Beach County does not handle workers’ compensation cases.
Helpful Information in Pursuing Your Wage Dispute Claim
The following information will assist us in pursuing your claim for unpaid wages:
- Your contact information: name, address, phone number, and email address
- The name of the person who employed you, and if applicable the name of the company who employed you
- Address of the employer, and if applicable the address where you worked
- Employer’s contact info: phone number, email address, license plate number
- The names of any supervisors, managers, or owners
- An explanation of the type of work you did
- How and when you were paid
- How much money you are owed
- Approximate dates of work
- And any additional documentation such as: copies of pay stubs, personal records of hours worked, text message screenshots, email correspondence, a copy of an employment contract, or other information about your employer’s pay practices.
Is There Any Cost For The Legal Services Provided By The Wage Dispute Project?
Legal services provided to clients of the Wage Dispute Project are free and confidential. Please call the Hotline (561-655-8944, Ext. 358) to determine whether you are eligible for our services. We are here to help all employees of Palm Beach County, regardless of immigration status.
Please note that although the Wage Dispute Project’s legal services are free, even after the formation of an attorney client relationship, the Wage Dispute Project attorneys will review each claim of unpaid wages on a case-by-case basis and cannot promise or guarantee any outcome for a claim of underpaid or unpaid wages, including the filing of a lawsuit against a client’s current or former employer.
FAQ
The Wage Dispute Project will represent any eligible employee in Palm Beach County regardless of immigration status.
If interpretive services are needed, we encourage claimants to call the Hotline, so we are able to schedule an interpreter to assist with the translation in Spanish and Haitian Creole. We also have a language interpretive service available for translation assistance in 200 other languages. If other reasonable accommodation is required, please call 561-655-8944 Ext. 358.
The federal statute has a two-year statute of limitations (three years for willful violations), and the state statute has a two-year statute of limitations. Any part of the claim which has passed the statute of limitations will be uncollectible. Therefore, if you have been underpaid or unpaid by an employer, contact the Legal Aid Society as soon as possible.
Florida does not have any laws requiring an employer to provide a meal period or breaks to employees 18 years of age or older, thus the federal rule applies. Additionally, the federal Fair Labor Standards Act generally does not require an employer to provide a meal period or breaks to employees 18 years of age or older.
Even so, most private-sector employers do provide meal breaks for full-time employees. Relevant policies are usually documented in an employee handbook or similar manual. It is up to individual employers to adhere to any such policies or risk legal action.
How to Qualify
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Resources
Helpful Links
The Florida Bar has published statewide FL Small Claims Rules, Florida Small Claims Rules (floridabar.org)
Clerk of the Circuit Court & Comptroller in and for Palm Beach County, Small Claims Information, Small Claims | Clerk of the Circuit Court & Comptroller, Palm Beach County (mypalmbeachclerk.com)
Clerk of the Circuit Court & Comptroller in and for Palm Beach County, Self-Service Center, Self-Service Center | Clerk of the Circuit Court & Comptroller, Palm Beach County (mypalmbeachclerk.com)
U.S. Department of Labor, Wages and the Fair Labor Standards Act, Wages and the Fair Labor Standards Act | U.S. Department of Labor (dol.gov)
The 2023 Florida Statutes, §448.08 the Florida Minimum Wage Act, Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)
Disclaimer
The information on this webpage has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.
