Under the Florida Minimum Wage Statute, an employee can file a claim with the Florida Department of Labor and Employment Security, wherein an investigation can begin or file a lawsuit in court. However, if the employee chooses to file a complaint in court, he or she must first notify the employer, in writing, of the intent to file a lawsuit. The employer has 15 days to respond to the employee. After the 15 days are up, the employee may bring the claim to court. The time limit for the employee to file this claim or lawsuit if 4 years, unless he or she can prove the violation was intentional. Then the time limit is 5 years.
Under Florida State §95.11(4)(c), the employee does not need to notify the employer and has a time limit of 2 years to file a lawsuit.
The FSLA provides the employee with a 2-year statute of limitations to file a claim with eh Department of Labor or file a lawsuit with the courts. Once again, if the employee can prove the violation was done intentionally, the statute of limitations increases to 3 years.