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Can my boss hold my last 2 paychecks ? I got overpaid commission it was my fault.
Miami, FL
Viewed 19 times.
Posted about 1 month ago in Employment / Labor
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I was getting overpaid commission and my boss decided to not pay my hourly wages for about 3 weeks of labor as a pay back.
Answers (2)Kenneth Brian Schwartz
This attorney is licensed in Florida and 1 other state.
Posted about 1 month ago.
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If you can confirm that you were overpaid, then you should pay them back. You also asked whether they can withhold your paycheck to take back the money owed. That's not as clear. If you did the work to earn the pay, then they should pay you based on your work and take the appropriate deductions for Medicare, etc. that they normally would take. You two should work out how to pay them back the overpaid commission separately.
Archibald Johns Thomas III
This attorney is licensed in Florida.
Posted about 1 month ago.
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If the withholding resulted in the wages falling below minimum wage, there may be a violation of the Fair Labor Standards Act and Florida law requiring payment of at least minimum wage.
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