What are an employee’s rights?

I have worked at a fast food sandwhich chain for about 6 years now; it is independantly owned. I recently quit becase I was being disrespected by my manager, I owe $200 to them, can they hold my check or take more than this for any other reason besids this? Also, the management is not claiming proper hours worked in their books. For example some of the people working there work approximately 80-90 hours a week, the management claims only 40 of these hours in their books and the rest remains unclaimed, untaxed, and paid in cash. I know this can’t be legal but I would like to know how serious this is and what can be done? Where/what could I do to prove this?

Asked on July 31, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An hourly employee must be paid for all hours worked, including overtime if he/she works more than 40 hours in a week, and employers must keep accurate records of hours. What you describe is a violation of wage and hour law; you should contact the state department of labor to complain. The employer could be liable for significant back wages.

The employer may not withhold your final check or other wages from you, even if you owe them money, unless you agree to let them do this. If they feel you owe them money and you won't pay voluntarily, their option is to sue you.


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