Legal Question in Employment Law in Florida
my wife is a hair stylist, and works for a wage vs. commission of sales, as do most hair stylists. Her employer, Fantastic Sams, wants to add a receptionist to the new salon that they are moving into, and to pay for the wages for this employee, the owner has decided that he will deduct between $10 and $30 per week from each employees check, to pay her wages. The amount will be determnined by the amount of hours each stylist works. Would this not be an unauthorized deduction from these employees wages, unless they signed an agreement to do so, and even then, is it legal?
1 Answer from Attorneys
I think this sounds like a tip pooling arrangement which would not be permitted under the FLSA under most circumstances. You could speak with a lawyer about it or go to the Department of Labor....although if she is still working there and likes her job, she may want to bring her concerns in an amicable fashion to the attention of her boss. You can take a look at my section on tip pooling on my employee rights blog at www.takethisjobnshoveitblog.com.
Scott Behren
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