Started w new job on Nov 3.. pay period is from the 1-15th . payday 15th/30th. I was paid for only one week not 2. Employer is claiming it is collateral for key/equipment in case I quit. I do not believe they have that right.
You are correct. If you worked the time the employer must pay you by the next regular payday. Witholding such wages as a "security deposit" is a violation of most states' wage payment laws. It also may affect your rights under the federal fair labor standards act depending on whether the withheld pay would in effect lower your actual pay below the minimum wage. For example if you worked 80 hours but were only paid for 40, and your normal hourly rate was $10, your effective rate would be $5 an hour, which is below the minimum wage. Your employer cannot do that.
Nothing in the laws of Florida or our federal laws prohibit a payment structure like this because nothing requires payment within a certain time. However, you are entitled to the pay at the end of the work relationship regardless of the status of the keys and equipment. If there were issues with them, it would have to be handled in two separate transactions. Florida does have a law pertaining to the recover of wages that provides for the recovery of fees and costs. Hope this helps.
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