Andrew Ross Frisch’s Answers

Andrew Ross Frisch

Plantation Employment / Labor Attorney.

Contributor Level 5
  1. Can an previous employer withhold my pay because I left without notice?

    Answered 6 months ago.

    1. Andrew Ross Frisch
    2. Harvey Victor Cohen
    2 lawyer answers

    No, an employer cannot withhold your pay, regardless of the reason for your separation of employment. Under both federal law (the FLSA) and Florida law, an employer is obligated to pay your final paycheck on or before the next regular payday following the date of your separation of employment. If the employer fails to make payment by that date, they are typically liable for the amount of the unpaid wages, an equal amount as liquidated damages, attorneys fees and costs, to the extent you bring...

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  2. I am needing to find a lawyer licensed in Floirda that is also licensed in Tennessee.

    Answered 11 months ago.

    1. David John Glatthorn
    2. Wayne William Bilsky
    3. Melvin Bowen Wright
    4. Christopher Robert Dillingham II
    5. Robert Kenneth Tucker II
    6. ···
    7 lawyer answers

    It is not clear where your accident occurred (TN or FL), but I am licensed in the courts of Florida as well as in most of the federal courts in Tennessee. My firm has over a dozen offices throughout Florida, as well as offices in both Memphis and Nashville, Tennessee.

    3 lawyers agreed with this answer

  3. If I'm a salaried employee can they deduct my pay if I leave work an hour or 2 early?

    Answered 6 months ago.

    1. Andrew Ross Frisch
    2. Howard Berkson
    2 lawyer answers

    Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work. Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to...

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  4. How many hours can an hourly paid employee volunteer to their employer?

    Answered 6 months ago.

    1. Andrew Ross Frisch
    2. Jack Rosenberg
    2 lawyer answers

    The Fair Labor Standards Act (FLSA) defines the term “employ” very broadly as including to “suffer or permit to work.” Covered and non-exempt individuals who are “suffered or permitted” to work must be compensated under the law for the services they perform for an employer. Internships in the “for-profit” private sector will most often be viewed as employment, unless the test described below relating to trainees is met. Interns in the “for-profit” private sector who qualify as employees...

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  5. Is it legal for the restaurant I work for to take 2% of my taxed sales as a tip share for kitchen employees?

    Answered 5 months ago.

    1. Andrew Ross Frisch
    2. Heather M. Meglino
    2 lawyer answers

    Tipped employees like you can not be required to share their tips with employees who have not customarily and regularly participated in tip pooling arrangements, such as dishwashers, cooks, chefs, janitors and management employees (i.e. General Managers or Shift Supervisors). Violations of the rules pertaining to tip pools will render the entire tip pool invalid and typically results in both minimum wage and overtime violations. Further, you may be entitled to a return of all tips you were...

    1 lawyer agreed with this answer

  6. CAN AN EMPLOYER HOLD YOU FINAL PAY CHECK PAST PAYDAY IN FLORIDA.

    Answered 7 months ago.

    1. Nicholas Mermiges
    2. Arthur Thomas Schofield
    3. Andrew Ross Frisch
    4. Michelle Anne Beane Kane
    4 lawyer answers

    An employer may not withhold your final paycheck regardless of whether you may have damaged company property. The law is clear in that regard. You are likely entitled to recover the wages you should have received in your final paycheck, an equal amount as "liquidated damages," and your attorney's fees and costs, to the extent you elect to hire an attorney to pursue your final paycheck for you.

    1 lawyer agreed with this answer

  7. When started job told i was salary. however employer says if i miss any time within first 6 months i am not paid for those hours

    Answered 8 months ago.

    1. Andrew Ross Frisch
    2. Randall M. Lipshutz
    2 lawyer answers

    Generally that sounds like it would be legal. However, to the extent you work overtime (over 40 hours in a workweek) and your employer does not pay you overtime wages based on its assertion that you are exempt from overtime, partial day deductions like those described may render you non-exempt and legally entitled to overtime.

    1 lawyer agreed with this answer

  8. Am I getting legally underpaid?

    Answered 8 months ago.

    1. Arthur H. Forman
    2. Alix R. Rubin
    3. Andrew Ross Frisch
    4. Emanuel Kataev
    4 lawyer answers

    The way you describe it, it certainly sounds like the pay methodology used by your employer is illegal. You should contact a wage and hour attorney for further information.

    1 lawyer agreed with this answer

  9. Travel time for training

    Answered 10 months ago.

    1. Andrew Ross Frisch
    1 lawyer answer

    Typically the issue of whether travel time related to the performance of work duties (or training in this case) is a factually intensive inquiry, and whether or not the travel is compensable (i.e. deemed "work")depends upon the kind of travel involved. That said, below is a brief synopsis of the general law under the Fair Labor Standards Act. Home to Work Travel An employee who travels from home before the regular workday and returns to his/her home at the end of the workday is engaged...

    1 lawyer agreed with this answer

  10. What are rights for salaried employees who work well over 40 hours/week?

    Answered 11 months ago.

    1. Andrew Ross Frisch
    2. Robert Kenneth Tucker II
    3. Alan James Brinkmeier
    3 lawyer answers

    Registered nurses or RNs who are registered by the appropriate State examining board generally meet the duties requirements for the learned professional exemption, and if paid on a salary basis of at least $455 per week, may be classified as exempt. If you are properly classified as exempt, your employer is not required to pay you overtime, even to the extent you work in excess of 40 hours a week. That said, if your employer docks your pay when you work fewer than 40 hours, it is possible...

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