Can my employer withhold my check for something that is missing if it assumes that I took it but it has no evidence?

Also, is it OK to not pay overtime at the right rate?

Asked on August 16, 2015 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) No, your employer may not withhold your paycheck for this reason. Employers may never withhold any pay except a) with employee consent (e.g. withholding some pay for health insurance or a 401k) or b) as specifically required by law (e.g. tax withholding; if there is wage garnishment order).

2) If you don't have an employment contract, you are an employee at will and your employer could fire, suspend, demote, etc. you if it thinks you took someting--even without evidence. That's because an employer needs no reason or justification to fire, etc. an employee at will.

3) If you are eligible for overtime (and all hourly workers are overtime eligible), you must be paid at the correct rate: i.e. you must get an extra 50% over your normal rate. Failure to do so is a violation of the Fair Labor Standards Act (FLSA) and you could file a complaint with the state or federal department of labor.


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