deduction when being paid minimum wage

[TinkerBelleLuvr]

What is the name of your state (only U.S. law)? Florida

I believe I know the answer to this but I would like to confirm it.

Employee is 16. She is paid minimum wage. She signed papers when she was first employed that if a shortage of her drawer exceeded $2.00, she would pay the difference out of her check. She was within her first 90 days so that I know they could have paid her the "training" wage instead of minimum wage.

Can they legally do that?

 

[Ohiogal]

What is the name of your state (only U.S. law)? Florida

I believe I know the answer to this but I would like to confirm it.

Employee is 16. She is paid minimum wage. She signed papers when she was first employed that if a shortage of her drawer exceeded $2.00, she would pay the difference out of her check. She was within her first 90 days so that I know they could have paid her the "training" wage instead of minimum wage.

Can they legally do that?

Did they actually deduct any money? Or are you asking on a hypo?

 

[TinkerBelleLuvr]

Did they actually deduct any money? Or are you asking on a hypo?

They made an $11 deduction

 

[Ohiogal]

They made an $11 deduction

http://www.employmentlawhandbook.com/wage-payment-laws/state-wage-payment-laws/florida/
Start with that link. Under Florida law it is allowed but they broke federal law:

Deductions from Wages

Florida does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees pay check for:
•cash shortages
•breakage, damage, or loss of the employer’s property
•dishonored or returned checks
•required uniforms
•required tools
•other items necessary for employment

In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made. DOL Fact Sheet #16.

--------------------------------------------------------------------------------

 

[TinkerBelleLuvr]

That confirmed what I believed. Child is looking for another job at the moment. I will be bringing this to the employers attention when she has secured another position.

In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage for the period in which the deduction was made. DOL Fact Sheet #16.

There are other issues with this employer so I am helping her find another job.

 

[swalsh411]

This might be a good learning experience for her about sticking up for herself. Usually "learning experiences" for teenagers come with property damage, arrests, and other undesirable outcomes. $11 is a pretty good deal for one.

 

[TinkerBelleLuvr]

She also has a manager who has touched her inappropriately. She doesn't want to go without the income so she can pay for her portion of bills. She and I are actively searching for another employment opportunity for her. THEN she and I will be going up the food chain. I am involved because she is a minor.

 

[swalsh411]

So you are ok with your minor daughter working somewhere where she claims she was sexually assaulted?

The delay in reporting the alleged assault will seriously damage both your credibility. It will look like she was only trying to "get back" at her old job.

 

[TinkerBelleLuvr]

So you are ok with your minor daughter working somewhere where she claims she was sexually assaulted?

The delay in reporting the alleged assault will seriously damage both your credibility. It will look like she was only trying to "get back" at her old job.

She had a break from her job because she was visiting with her dad. She told me this morning before going. As part of the learning curve, I also feel she needs to learn how to handle it. If it continued, mom WILL intervene.

 

[csi7]

Dealing with sexual harassment in a hostile work environment is frequent in the state of Florida. Better that this young lady learns now and also how the rules can be used effectively with this job.

Earning money to keep a roof over your head, clothes on your back, food in your stomach is a reality for many teens in the state of Florida.

Sometimes, taking the time to consider the legal and financial choices available provide a better positive legal resolution which improves long-term employment opportunities in the future.

Security cameras used with cash shortage reconciliation need to start with the removal of cash drawer from the safe to the return of cash drawer from the safe, and all financial transactions need to be recorded as well. Where multiple users work with shared cash drawer, cash shortages often occur due to misplaced items.

There are so many factors involved with cash shortage cases where the employee who is docked the shortage is often innocent of the charge.

 

[TinkerBelleLuvr]

I told her that in order to help with credibility, she needs to learn to document behavior. On this date at approximately at this time, standing here, this happened.

As for the shortage, we have to get our hands on the paystub - they are all direct pay to their checking accounts and then paystubs are in a locked office.

Mom's keeping a very close eye on his. Once, I might say it was a mistake. Repeated behavior has to go up the food chain. A person working with a teenage crowd needs to be above reproach.

 

[aldaron]

Thought minor's couldn't enter into legally binding contracts and be held responsible.

 

[swalsh411]

Thought minor's couldn't enter into legally binding contracts and be held responsible.

Apple Brown Betty comes out best in a non-stick pan.

Both our comments have equal relevance to the issues of this thread.

 

[aldaron]

What is the name of your state (only U.S. law)? Florida

I believe I know the answer to this but I would like to confirm it.

Employee is 16. She is paid minimum wage. She signed papers when she was first employed that if a shortage of her drawer exceeded $2.00, she would pay the difference out of her check. She was within her first 90 days so that I know they could have paid her the "training" wage instead of minimum wage.

Can they legally do that?

Seems OP is asking if a 16 year old can be legally held to a contract she signed.

 

[swalsh411]

Seems OP is asking if a 16 year old can be legally held to a contract she signed.

WHAT contract?