Legal Question in Employment Law in Florida

payroll deductions

Can an employer deduct hours already worked claiming hours worked through lunch were not authorized? I was not paid for a total of 35 hours that I worked and the hours were deducted from my paycheck at 17 hours per pay period. I was told by the office manager when I was hired I could work through my lunch like the previous receptionist had done in order to get the 27-30 hours per week I was promised. When I did that, I did not get paid for hours worked. The employer claimed that I was not authorized to work through my lunch to do my paperwork or take care of patients that were in the clinic because I had blocked off time for lunch. Can they take back hours that I worked and not pay me for them?


Asked on 2/05/02, 3:00 pm

1 Answer from Attorneys
Kelly Henderson

Re: payroll deductions

I think that you should discuss the details of this with a local attorney familar with the Fair Labor Standards Act (FLSA). My general response to you is that employers must pay hourly employees for all hour worked. If your employer allows you to work through your lunch hour, and it appears at least one supervisor knew that you were working through your lunch hour, then I think you have a right to be paid for those hours. The fact a different supervisor now says those hours were not authorized means very little under the FLSA. You might also look at the Department of Labor web site, www.dol.gov, as they help enforce the FLSA. Good Luck.

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Answered on 2/06/02, 12:01 am


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