Legal Question in Employment Law in Florida

Withheld Pay

My Son was working in Florida as a diving instructor and is relocating to Boston. As he was on he way to Boston yesterday his boss calls his cell phone and says he is withholding $1200 (almost all his pay) from his last check and sales bonus to pay for a students lost books. This student had left the 14 week course early and asked the school to forward all his books, my son boxed them up and sent them by UPS to the address in the students folder. Three months later the student calls to ask where the books are and is told they have been sent to the address in his folder. The student informs the school he left instructions in his course withdrawl letter to forward the books to a different address which was not up dated in the front part of the students folder (student information section) The books were delivered by UPS but the house is now under forclosure so don't know where they are? My sons boss says he is not going to eat the costs so is taking it from his pay. Is this leagal? Is my son responsibile for the lost books? If he takes all his pay isnt he not meeting the Fed Min wadge requiremtnt? I'm with the US Air Force and am in the UK and will go to our legal office too but any help can can give would be great

Thanks Greg


Asked on 2/12/09, 2:15 am

1 Answer from Attorneys
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: Withheld Pay

It is likely a violation of the Fair Labor Standards Act, or the Florida equivalent wage and hour law. However, those statutes are very complex and confusing. They only apply in limited circumstances, and then when they do, there are exemptions and exceptions.

I would be interested in hearing more about the case. If a violation of the FLSA is proven, the company will have to pay double what is owed, plus your son's attorneys' costs.

Please feel free to contact me if you would like to discuss the case further.

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Answered on 2/12/09, 8:30 am


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