If I’m salaried employee and my boss wants to take my last paycheck if I do not meet the average of 35 hours a week, is this legal?

Asked on December 10, 2015 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not legal. A salaried employee is paid the same--and must be paid all paychecks, including the last--regardless of the number of hours he/she works in a week. (That's a slight oversimpification: a salaried employee's check may be debited if the employee misses an entire day without using paid time off of one kind or another; but if an employee works at all on a day, he/she must be paid for that day.)

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