Christine R. Sensenig's Answers

Can an employer in FL keep employee's last paycheck and is employer allowed to deduct money without consent from last paycheck?

Even if an employee owes you money, it is unwise to reduce that employee's pay below minimum wage as the Department of Labor will enforce the payment of minimum wage, even if the employee still has your laptop, your keys, things of that nature. Under the Fair Labor Standards Act, wages are due and owing when the employee had performed work for you. Any loans made to the employee are usually considered a matter of contract, which contract can be enforced in small claims court, or if over the...

Should I be paid until the day I said I was resigning?

Florida is an "at will" employment state which means you or your employer can terminate the employment relationship at any time for any reason, as long the reason is not discriminatory. Check your employee handbook for more details about your employer's resignation policy and whether your employer may have a duty via handbook language to pay you for your notice period, or for any leave time you took during your notice period A reader’s review of the above information does not establish an...

Does the state on Florida (not federal) has any restrictions as to how many consecutive hours can an hourly employee work?

There are generally no statutes requiring breaks under Florida law. The general notion is an employer can request you work as many hours as they choose at straight time until 40 hours in a workweek have been met, at which point overtime becomes due and owing for non-exempt employees. There are some exceptions to this rule, including situations where a Collective Bargaining Agreement/Union Contract is in place. Additionally, there are certain industries and occupations where safety issues...

Am I owed salary for the day I was terminated?

Employers are required under the Fair Labor Standards Act to pay employees for all hours worked, including hours worked on the last day of employment. Employers are not obliged under the FLSA to pay for hours not worked on the last day of employment. You did work at least an hour on your final day of employment and you should be paid for at least working that hour. If the company is refusing to pay you for wages due and owing, you can always call the Department of Labor, Wage and Hour...

IamNOT on the clock i got in2road rage both screaming He knowes me from work and and reports me.Can they do anything?

Check your employee handbook for policies on "Conduct outside of the Workplace." Many employers now have such policies, particularly for harassment and bullying/anti-violence related activities. If such a policy exists and the employer feels you behaved in a manner that does not reflect positively on you - or your employer - they may have grounds to terminate you. A reader’s review of the above information does not establish an attorney client relationship between the reader and the...

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