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I work in the bar industry and recently found out my

Customer Question
I work in the...

I work in the bar industry and recently found out my employer is taking money from our paychecks to make up for company losses but hasn't been telling us, is this legal?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

No the wages are 8 dollars and hour plus tips. She claims she she's doing this because of negligence from the staff but she can't prove which one of the staff members are in the wrong so she decided to start taking money's out of everyone's paycheck to rectify her losses

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union. I'm not sure what at "will means" but I think I am

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I have text messages of her threatening to take money from my paycheck for a bar tab the was unpaid but it was my tab and she can't prove it. Other then that that's most of it

Submitted: 2 months ago.Category: Employment Law
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Answered in 5 minutes by:
3/27/2018
Employment Lawyer: Roy Hadavi,
 replied 2 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,293
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney‑client relationship and this is for general information purposes only.

What state are you located in?

Ask Your Own Employment Law Question
Customer reply replied 2 months ago
Florida
Employment Lawyer: Roy Hadavi,
 replied 2 months ago

Thank you for providing that information.

Answer: Unfortunately, Florida does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employee's paycheck for:

  • cash shortages;
  • breakage, damage, or loss of the employer’s property;
  • dishonored or returned checks;
  • required uniforms;
  • required tools; or
  • other items necessary for employment.

In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made.

I am sorry that I do not have better news for you, but hope this will not affect your rating of my service.

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