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

Answers:

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.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.