What can be done if my employer room money from my check for insurance and it a not sent to pay my insurance and has been shorting my check on the hours I worked?

UPDATED: Sep 30, 2022

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What can be done if my employer room money from my check for insurance and it a not sent to pay my insurance and has been shorting my check on the hours I worked?

I worked for a company for 5 months and during this time my checks were always short. We were not provided access to see our breakdown of hours worked and when I wrote down my time punches they

never matched what I was actually paid for. Our checks were usually late and we would have to complain in order to be paid at all. I finally quit this job in the end of last month and this check was once again late and they took money out for insurance and the insurance was not paid. What should I do? I have tried contacting the labor board for the laat 2 weeks and left several messages with no response and no-one answers the phone.

Asked on July 8, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The labor board *should* help in this case, since a large part of their resonsibilities is to enforce the wage-and-hour laws and otherwise make sure that employees are paid fairly, correctly, and in accordance with the law. However, if they won't help, you still have the right to sue your former employer for the shortfall. If you can prove, such as by credible testimony (including your own) or even their own internal records, which you may be able to get or see in a lawsuit, the hours you worked and your hourly rate, if they paid less than they should have, a court can order them to pay you the remaining balance. Note that small claims court is faster, easier, and cheaper, but more limited in terms of your ability to get information and documentation from the other side; if the amount at stake is well within the small claims limit, you are best off suing in small claims owing to how much faster, easier and cheaper it is, but if the amount in question is close to, at, or above the small claim limit, you may wish to file the case in "regular" county court so as to have access to means, like written questions ("interrogatories") or document production requests to get the employer's internal time and pay records.

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.

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