How to File a Wage Theft Complaint in Miami-Dade

Do you want to know how to get paid fast? Learn how to file a Wage Theft Complaint in Miami-Dade County and you’ll see how fast your employer will jump into compliance.

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Fast Step-by-Step Guide

If your job did not pay you for all your hours, you are not alone. It happens in Miami-Dade County every day. What matters now is what you do next.

This guide is built to help you take action fast. It shows how the Miami-Dade Wage Theft Program works, what to bring, and how to file. It also gives you simple templates you can copy today.

Quick note before we start: I’m not an attorney. This is general and educational information, based on my own personal experience, but not legal advice. Miami-Dade also says that they cannot give legal advice.

If you want a fast plan, start here.

The “do this today” plan (10 minutes)

1. Write your timeline (dates + what you are owed).
2. Screenshot your schedule and pay chats.
3. Start a time log (it can be simple).
4. Put it all in one folder on your phone.

Then keep reading.

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What counts as “wage theft”?

Wage theft is when you earn pay but do not get it. It is a broad term. It can mean missing hours, missing tips, or missing overtime.

In plain terms, wage theft is a pay gap that should not be there. You did the work. The pay did not match the work.

Here are common forms:

• You worked hours that never show on your pay stub.
• You were told to clock out, then keep working.
• Your last paycheck never came.
• Overtime did not show up after long weeks.
• Tips were kept or “cut” in a way that feels wrong.
• Pay was late or short on a pattern.
• Deductions showed up with no clear reason.

Some pay issues are mistakes. Still, a pattern is a sign. A “we will fix it” that never gets fixed is also a sign.

The goal of this post is not to label your boss. The goal is to help you build a clear record. That record is what moves a claim.

Common examples in restaurants and hospitality

If you work in a bar, café, hotel, or food spot, these may sound familiar.

Off-the-clock side work
You clock out. Then you are told to clean, stock, or close. That time should count.

“Trial shifts”
You work a “test” shift. Then you never get paid for it.

Shorted hours
You worked five shifts. Your stub shows four. Or the hours are lower than your log.

Tip issues
Your tip-out feels off. Or tips go “missing.” Or a manager takes tips.

Late pay
You are told “next week.” Then next week comes.

Last paycheck held
You quit or get let go. Then they hold the last check for keys, shirts, or “damage.”

These issues are common because the work is fast and busy. Also, shifts can change on the fly. That is why proof is your best friend.

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Quick eligibility checklist

Before you do a lot of work, check if you fit the County program basics. Miami-Dade shares key rules on its program pages and flyers.

Location, time window, amount range, employee status

1) The work must be in Miami-Dade County.
If the work was in Broward or Monroe, you may need a different path.

2) The claim must be within the time window.
Miami-Dade’s wage theft program info notes the work must be no more than one year old.

3) The amount owed must fit the range.
The program materials note it must be more than $60 and no more than $15,000.

4) You must be an employee (not a contractor).
The County program info says it does not cover independent contractors.

If you are unsure about the “employee” part, do not freeze. Many people are told “you’re 1099” even when the job acts like a normal job. That topic can get complex, though. If it gets complex, an attorney or worker group can help you sort it.

If you do not fit these rules, you may still have options. You can look at the U.S. Department of Labor’s Wage and Hour path too.

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What to gather before you file (your evidence packet)

Think of your claim like a story. Your evidence is the “receipts” that make the story real. Miami-Dade explains that you should bring proof to support your claim, and it lists many types of proof.

Your goal is simple:

1. Show you worked.
2. Show the hours you worked.
3. Show what you were paid.
4. Show what is missing.

You do not need perfect records. You need clear records.

Schedules

Schedules are a big deal because they show planned shifts. They also show patterns.

Gather:

• Photos of posted schedules.
• Screenshots from scheduling apps.
• Group chat posts with shift info.
• Any “cover this shift” texts.

If the schedule changes, save the changes too. Take a photo each week. Make it a habit.

Pay stubs (and other pay proof)

Pay stubs help, but they are not the only proof.

Gather:

• Pay stubs from each pay day.
• Photos of checks.
• Direct deposit records.
• Zelle, Cash App, Venmo, or bank logs.
• Any “cash pay” notes you wrote down.

If you get paid in cash, write it down each time. Date it. Add a note like “cash pay, week of Jan 8.”

A simple log beats no log.

Texts, chats, and emails

In many wage claims, messages are the key. They show what the boss asked. They also show what you were told.

Screenshot messages about:

• Hours.
• Pay rate.
• Shift swaps.
• “Clock out.”
• “We will pay you later.”
• Tips.
• Deductions.
• Threats or pressure.

Save them in a folder. Name files by date.

One tip: do not rely on chats staying there. People delete chats. Phones break. Save what you can now.

Time notes (your own log)

A time log is the simplest thing that works. It can be in Notes on your phone. It can be a small pad.

Your log should include:

• Date.
• Start time.
• End time.
• Breaks (if any).
• Total hours.
• Short notes.

Keep the notes short. “Stayed late to close.” “Boss asked me to come early.” That is enough.

Witness list

If a coworker saw you work, write their name down. Also write the shift or date. You do not need a full statement yet. You just need to know who was there.

Miami-Dade’s hearing steps mention the role of proof and even include tools like subpoenas in the process rules.

Do not put coworkers in danger. Use good sense. Still, a witness can help when hours are in dispute.

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The process: what happens after you file

Miami-Dade describes a path that starts with filing a Wage Theft Complaint Affidavit form. The County then contacts the employer, tries to resolve the case, and may move to a hearing step if it does not resolve.

Below is the process in plain words.

Intake → conciliation/mediation → hearing prep (if needed)

Step 1: Intake (you file your complaint)

You submit your complaint. You share the key facts.

At this step, keep it tight:

• Employer name and address.
• Work site address.
• Your job role.
• The dates you worked.
• Your pay rate.
• The hours you worked.
• The pay you got.
• The pay you did not get.

You do not need a novel. You need a timeline.

A clean timeline also helps you stay calm. It makes the process less scary.

If you need the help of an Attorney or a Non-Attorney Advocate/Representative can help make sense of any deals presented, but cannot provide legal advice. Any non-attorneys providing legal advice risks running afoul of the Unlicensed Practice of Law (UPL) and can be prosecuted by the Florida Bar.

If needed, you can seek the advice of an attorney. The Florida Bar is an excellent place to find licensed attorneys who can provide competent advice. And you can review their bar profile to ensure they have not had any complaints against them: Florida Bar Lawyer Directory.

Please make sure to fill that part out on the complaint in the “Other Required Information” section: “If you are working with an attorney or non-attorney advocate, please provide the following:”

A Non-Attorney Advocate/Representative:

1. 1. Help you complete and file the complaint application (Intake)

      • Help you draft a clean timeline, calculate what you’re owed, and make sure your complaint is specific enough to identify the employer/respondent.

      • Help you assemble and submit the complaint packet (the County asks you to include copies of documents supporting your claim).

   2. Gather, organize, and “package” your documents (your evidence file)

      • Collect and sort key proof like pay stubs, W‑2s, timesheets/timecards, schedules, texts/emails, photos, written agreements, and other work/pay records.

      • Create an exhibit list, label everything, and make copies—because you are responsible for presenting your case, and the County cannot present evidence or prove it for you.

   3. Support you during conciliation (settlement talks)

      • Help you prepare your talking points, respond to employer “explanations,” and negotiate payment terms.

      • Help you review/outline a conciliation agreement and keep a clean paper trail of what was offered and what was agreed.

      • Know the big rule: what’s said/done in conciliation generally can’t be used later without the parties’ consent.

   4. Handle pre-hearing steps and motion practice

      • Help you request an administrative hearing when needed, track deadlines, and prepare what the hearing examiner may require (like a witness list and exhibit list).

      • Help you request subpoenas (when allowed/needed).

      • Assist with pre-hearing motions, including requests related to discovery, since discovery can be permitted upon motion and proceeds in the manner provided by the Florida Rules of Civil Procedure (per the ordinance).

   5. Represent you at the hearing (including cross-examination)

      • Appear with you and help present your case in a clear, organized way.

      • Introduce documents/exhibits, question witnesses, and cross-examine the other side’s witnesses (the ordinance expressly allows parties to submit evidence, cross-examine witnesses, and seek subpoenas at the hearing).

   6. Understand the rules and limits of the role

      • Miami-Dade’s wage theft rules allow a party to be represented by a non-lawyer advocate in these proceedings, but the hearing examiner can disallow it for good cause.

      • The employee still needs to show up—the County notes that if the employee isn’t present when the case is called, it can be dismissed.

      • A non-attorney advocate is not a lawyer (so for legal advice/strategy or anything outside the administrative process, you’d need a licensed attorney). The County also states it cannot give legal advice.

Pro Tip: The Administrative Hearing Officer may be limited to what you put in your complaint. So if your employer’s records are missing or incomplete, write that additional unpaid wages may be discovered later, and still provide a good‑faith total in “Are you owed additional earnings not listed above?” and “How did you calculate your total gross wage theft claim?” to protect your ability to recover everything you’re owed.

Step 2: Employer notice and response

Miami-Dade explains that the County sends formal notice to the employer and sets a time to respond.

That matters for you because you may hear from the employer. If you do, keep your cool. Stay in writing when you can. Keep copies of every message.

If the employer tries to “fix it” fast, that can be good. Still, do not drop your proof. Save it.

Step 3: Settle step (often called conciliation or mediation)

Miami-Dade describes a settle-first step before a hearing.

This step can save time. Many cases end here.

Your proof matters most here. When your proof is clear, it is hard to argue.

If a deal is offered, read it. Make sure it covers the full time range. Make sure it is in writing.

If you do not understand the deal, ask for help. This is a key moment. A Non-Attorney Representative can help make sense of any deals presented, but cannot provide legal advice. Any non-attorneys providing legal advice risks running afoul of the Unlicensed Practice of Law (UPL) and can be prosecuted.

If needed, you can seek the advice of an attorney. The Florida Bar is an excellent place to find licensed attorneys who can provide competent advice. And you can review their bar profile to ensure they have not had any complaints against them: Florida Bar Lawyer Directory.

Step 4: Hearing prep (if the case does not settle)

If it does not settle, the program can move to a hearing step. Miami-Dade notes that you should bring proof and be ready to support the claim.

This is when your evidence packet pays off. You will be glad you built it early.

Representation: Employees and Employers may be represented by legal counsel or non-lawyer advocates before the Hearing Examiner or during any other proceedings related to this Implementing Order (IO).

Miami-Dade also notes that if wage theft is found, the order can include up to three times back wages plus County costs.

That is not a promise. It is a rule in the system.

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Mistakes that delay cases

Many wage claims stall for the same reasons. The good news is you can avoid most of them.

Missing timeline

A timeline is the spine of your case. Without it, your claim feels fuzzy.

Build a timeline with:

• First day the problem started.

• The weeks it happened.

• Pay days.

• Last day worked.

• Key messages (by date).

• Total owed (best estimate).

If you do not know an exact date, estimate it. Then mark it as “about.” For example: “About Jan 10.”

A rough date is better than no date.

Unclear totals

Many people say, “They owe me money.” That is true, but it is not enough. You need a number.

Here is a simple method:

1. List the days you were shorted.

2. Add the missing hours.

3. Multiply by your rate.

If the rate changed, break it into parts. Use the rate that was in place for that week.

If tips are missing, track tips by shift. Use POS slips if you have them. Use your notes if you do not.

No screenshots

If you do one thing, screenshot.

Screenshot:

• Schedules.

• Pay stubs.

• Chats about hours.

• Chats about pay.

• Chats about “clock out.”

• Chats about tips.

• Chats about deductions.

Screenshots are fast. They also stop “he said, she said” fights.

Too many issues in one pile

Some workers face many problems at once. That is real.

Still, when you present ten issues at once, the story gets hard to follow. You want a clean main point.

Pick the main issue:

• “Unpaid hours for these dates.”

• “Last paycheck was not paid.”

• “Overtime missing for these weeks.”

• “Tips shorted by this pattern.”

Then add other issues as support.

This makes your claim easier to understand. It also makes it easier to prove.

Waiting too long

Time is not your friend in wage cases. Phones get lost. Schedules vanish. People change jobs.

So start your proof pack now. Then file as soon as you can.

Miami-Dade’s info also notes a one-year time window for filing in the County program.

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If you’re worried about retaliation

This fear is real. It is also common.

Start with safety. Keep things calm. Keep your life steady.

Here are smart steps you can take now.

Safety planning (simple, not scary)

1) Save proof off your work phone.
If you have a personal phone, send the proof there. Email it to yourself. Store it in a safe place.

2) Keep key talk in writing.
Written talk is easier to track. It also helps avoid “you never told me that.”

3) Do not pick fights.
You do not need to “win” a talk at work. You need to protect your proof and your calm.

4) Tell one trusted person.
A friend, a family member, or a worker group can help you stay steady.

5) Plan for your next shifts.
If you think you may be cut from the schedule, start looking for backup work now. That lowers stress.

Where to get attorney help

Some cases are better with a lawyer. That can be true even if you use the County program.

Talk to an attorney if:

• You were threatened for asking about pay.

• You were fired right after raising the issue.

• You have a big claim above the County cap.

• You feel unsafe.

• You have a complex “1099” setup.

• Many workers are involved in a large plan.

Also, the U.S. Department of Labor notes it aims to keep complaints private as it can, and it notes rules against retaliation tied to wage rights.

I am not a lawyer, so I cannot advise you on legal steps. Still, I can say this: if fear is the main thing keeping you stuck, get support fast.

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Free templates

These are simple on purpose. Simple is easier to use. It is also easier to keep up with.

Time log template (copy/paste)

TIME LOG (Daily)

• Name:

• Employer:

• Work site address:

• Job role:

• Pay rate (if known):

Short note ideas:

• “Asked to stay late.”

• “Closed after clock out.”

• “Came in early.”

• “No break.”

Screenshot checklist (fast)

Save these as images:

• Weekly schedule

• Shift swap chats

• Any “clock out” talk

• Any “pay later” talk

• Any talk about tips

• Any talk about cuts or fees

• Pay stub each pay day

• Photos of posted schedule (if used)

File name tip:

• 2026-01-29_schedule

• 2026-01-29_text_pay

• 2026-01-29_paystub

Pay stub tracker

This helps you spot a pattern. It also helps you talk in clear numbers.

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Next step

If you want help getting organized, I can support you as a non-attorney. That means I can help with intake, proof packs, and form prep. I do not give legal advice.

Miami-Dade’s process can move from intake to a settle step, and then to a hearing step if needed. Your proof pack is what makes that path smoother.

Also, Miami-Dade notes that if wage theft is found, the order can include up to three times back wages plus County costs.

That is why being ready matters.

Free 10-minute eligibility screen

Want a free 10-minute check? Text “WAGE” and I’ll send the checklist.

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Bonus: Expanded Step-by-Step (for people who want the full playbook)

You asked for a long guide, so here is the deeper version. This section adds detail, examples, and “what to say” scripts.

Use it like a map.

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Step 1: Write your claim story in one page

Most workers have the story in their head. Still, stress makes details blur. So write it down.

You want a one-page claim story that answers:

• Who employed you?

• Where did you work?

• What job did you do?

• What were you told your pay would be?

• What dates did the problem happen?

• What pay is missing?

Keep it simple. Keep it calm.

Here is a fill-in format:

One-page claim story (fill-in)

• Employer name:

• Work site:

• My role:

• Pay rate promised:

• Pay method (check, deposit, cash):

• Dates worked:

• Dates underpaid:

• What happened (3–5 lines):

• What I am owed (estimate):

• Proof I have (list):

This one page will save you hours later.

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Step 2: Build your “proof folder” on your phone

Your phone is your file cabinet. Use it.

Create a folder named:
Wage Claim – [Employer Name]

Inside it, add subfolders if you can:

• Schedules

• Pay

• Messages

• Time Log

• Notes

If your phone does not do folders well, no problem. Use file names. Add dates at the start.

This step matters because you will not hunt later. You will open the folder and go.

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Step 3: Create a clean time log (even if you are late)

Some workers start logging after the problem begins. That is fine.

If you are logging late, use this method:

1. Pull old schedules and texts.

2. Rebuild your shifts week by week.

3. Mark what you know as “sure.”

4. Mark what you think as “best guess.”

Be honest in your notes. Do not fake times.

A “best guess” is normal when a boss controls the time clock.

If you remember your start time but not your end time, write the start time. Then add “end time about 10 pm.” That is still useful.

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Step 4: Estimate what you are owed (simple math)

You do not need a perfect number to begin. Still, you should aim for a clear number before you file.

Here are three quick ways.

Method A: Missing hours × hourly rate

This is best for shorted hours.

Example:

• Missing hours: 12

• Hourly rate: $16

• Owed: 12 × 16 = $192

Method B: “Clock out” time gap

This is best for side work.

Example:

• You clocked out at 10:00 pm.

• You left at 11:00 pm.

• That is 1 extra hour per shift.

• You worked 10 shifts like that.

So:

• Extra hours: 10

• Rate: $15

• Owed: $150

Method C: Last paycheck missing

This is best when you never got the final check.

Example:

• Last pay week: 38 hours

• Rate: $17

• Owed base pay: 38 × 17 = $646

If tips are part of it, add the tip log too.

If overtime is part of it, that can get tricky. If you are not sure, note it as “overtime may apply.” Then get help with the math.

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Step 5: Write a calm pay request message (optional)

Some workers want to ask first. That can be fine. Just keep it calm. Keep it in writing.

Here are two sample texts.

Text option 1 (short)
“Hi [Name]. I’m missing pay for [dates]. Can you confirm when I will be paid and the amount? Thank you.”

Text option 2 (more detail)
“Hi [Name]. I worked [dates] for about [X] hours at [$X/hour]. My pay was short by about [$X]. Please confirm when I will receive the missing wages. Thank you.”

Do not threaten. Do not argue. Just ask for clear info.

If they reply with an excuse, screenshot it.

If they offer to pay, ask when and how. Then screenshot that too.

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Step 6: File with the County program (what to expect)

Miami-Dade describes the program path from filing to settle steps and possible hearing steps.

When you file, you are asking the County to step in. That shifts the tone.

Here is what helps most during filing:

• Use the employer’s full name if you can.

• Add the work site address.

• Add the main boss name if known.

• Give a clean date range.

• Give a clear owed amount.

• Attach proof if allowed or requested.

If you do not have all info, file with what you have. You can add more later.

Still, your filing is stronger when you include the basics.

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Step 7: Prepare for the settle step (how to show up strong)

The settle step is where many cases end. Miami-Dade describes this attempt to resolve the issue before hearing.

So your goal is to be ready with:

• Your one-page story.

• Your time log.

• Your pay proof.

• Your schedule proof.

• Your key message screenshots.

Then you can speak in a clear way.

Here is the “clear way” script:

Settle step script (simple)
“I worked from [date] to [date]. I was paid [rate] and I worked about [hours]. My pay was short by about [$X]. Here is my time log and my proof.”

That is it.

Do not over-talk. Do not rant. The proof does the work.

If the employer says “you did not work that,” show the schedule. Show the texts. Show your log.

If they say “you were late,” that does not erase hours worked. Stay calm. Bring it back to the hours.

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Step 8: If it goes to a hearing, do this

If the case goes to a hearing step, do not panic. Hearings feel scary, but they are just a process.

Miami-Dade notes the hearing process expects proof and includes tools like subpoenas and witness steps.

Here is how to prep.

Build a “hearing packet” (print or PDF)

Put items in this order:

1. One-page story.

2. Timeline page.

3. Time log.

4. Schedules.

5. Pay stubs and pay proof.

6. Key messages (screenshots).

7. Witness list (if any).

8. Any other proof (photos, notes).

Then number the pages if you can. Even a simple “1, 2, 3” helps.

Practice a 60-second summary

Your goal is to explain the claim in one minute.

Try this:
“I worked at [place] as a [role]. I was paid [$X] per hour. From [date] to [date], I worked about [hours]. I was shorted about [$X]. My time log and messages show the hours and the pay talk.”

Practice once. That is enough.

Keep your tone steady

A steady tone makes you look more true. It also helps you think.

If you feel anger rising, pause. Take a breath. Then return to dates and proof.

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A “What if…” section (common worker questions)

This is where most people get stuck. So let’s clear it up.

What if I was paid in cash?

Cash pay is common.

You can still build proof:

• Your time log.

• Your schedule photos.

• Your texts about shifts.

• Any cash pay notes you kept.

• Any bank deposits that match.

Also, write down each cash pay you got. Date it. Add who paid you.

What if I do not have pay stubs?

Some jobs do not give stubs. Some stubs are hard to access.

Use what you have:

• Bank deposits.

• Check photos.

• Money app logs.

• Texts about pay.

• Your time log.

Proof can be many forms. What matters is the story lines up.

What if my boss changed the schedule a lot?

That happens.

Save:

• Each schedule photo you took.

• Any “come in now” texts.

• Any “stay late” texts.

If the schedule was verbal, that is okay. Your time log becomes even more key.

What if I am afraid to file while I still work there?

This is a real fear.

Start with safety steps:

• Save proof off your phone.

• Keep a calm tone at work.

• Do not share your plan with coworkers you do not trust.

If you feel at risk, talk to an attorney or worker group first. Also, the U.S. Department of Labor notes rules against retaliation tied to wage rights, and it says it aims to keep complaints private as it can.

What if my claim is over $15,000?

Miami-Dade program info notes a cap of $15,000 for the County claim.

If your amount is higher, you may need another path. A lawyer can help. A worker group can help too.

What if the work was more than a year ago?

Miami-Dade program info notes a one-year window.

If it is older than that, look at other paths. Talk to a lawyer if you can.

What if I was told I am “1099”?

The County program info says it does not cover independent contractors.

Still, some workers are mis-labeled. That is a more complex issue.

If you are “1099” but:

• You are told when to work.

• You cannot set your own rates.

• You are managed like staff.

• You cannot send a helper.

Then talk to an attorney or worker group. They can help you sort status.

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A restaurant worker mini guide (high-fit cases)

Because of your target group, here is a tight guide for food and hotel work.

The “restaurant wage theft” proof pack

If you work in food or bars, aim to gather:

• Weekly schedules.

• Any “stay late” texts.

• Any “clock out” texts.

• Pay stubs.

• Tip slips or POS closeouts.

• Your time log.

• A list of peak nights (Fri, Sat) when you stayed late.

Then do one extra thing.

Track “real end time” for closing shifts

Closing shifts are where off-the-clock time hides.

Each night you close:

• Write the clock-out time.

• Write the time you left.

• Write what you did after clock-out.

Do this for two weeks. You will see the pattern.

Patterns are hard to deny.

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How to avoid common traps (so your claim stays strong)

Some traps are social. Some traps are money traps. Let’s cover them.

Trap 1: A cash offer with no paper

Some bosses offer cash to “make it go away.” If you take cash, get proof.

Ask for:

• A written note.

• A text that confirms the amount and what it covers.

If they refuse any proof, that is a red flag. You can still accept money, but know what risk you take.

Trap 2: Signing something you did not read

Never sign in a rush.

If you get a paper that says you got paid in full, read it. If you do not get what it means, ask for help.

This is a key moment.

Trap 3: Deleting messages to “move on”

Do not delete proof.

Even if you want to forget the job, keep the proof until the case is done.

Trap 4: Over-sharing on social media

It is normal to want to vent. Still, venting can create noise.

Keep your public posts calm or skip them. Save your energy for proof.

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One-line disclaimer

I’m not an attorney. This is general info, not legal advice.