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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56885
Experience:  Licensed attorney helping employers and employees.
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In the state of Florida can an employer (less than 50 EE)

Customer Question

In the state of Florida can an employer (less than 50 EE) withhold first pay check and pay it upon termination of employment of said employee. For example, an employee's DOH is 8/1/16. Worked a full pay period 8/1/16 to 8/15/16. Those hours worked are withheld and paid out when employee leaves the company (could be two years, 10 years after).
Submitted: 1 year ago.
Category: Employment Law
Expert:  Asad Rahman replied 1 year ago.
No this is not something that I have ever heard of. You have to be paid promptly for work performed.
Expert:  Asad Rahman replied 1 year ago.
Although I did some research and there are no explicit laws regarding this.
Customer: replied 1 year ago.
I expect something more concrete. I am presenting to the executive committee and would like an answer with more authority. Can you point to the DOL at least???
Customer: replied 1 year ago.
I paid for a firmer answer.
Expert:  Asad Rahman replied 1 year ago.

Let me see if one of our other experts can help.

Expert:  Infolawyer replied 1 year ago.

Different expert here

Expert:  Infolawyer replied 1 year ago.

Such non payment violates the fair labor standards act and state labor law. It is a wage and non payment of a wage is illegal subjecting the employer to liability for amount not paid, liquidated damages, legal fees. It may be pursued through labor board, state court or federal court. Often a lawyer makes demand and settles out of court. If being done to others at work, class action is available avenue too. Kindly rate me 5 stars.

Expert:  Infolawyer replied 1 year ago.

If I can explain anything further, ask me.

Customer: replied 1 year ago.
in the US DOL Wage and Hour i find a vague statement "Wages required by the FLSA are due on the regular payday for the pay period covered". Does this only apply to Non-Exempt?
Expert:  Infolawyer replied 1 year ago.
Applies to both.You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the labor board and attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees.If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.