Human Resource Blog

Wage withholding

Can a Florida employer withhold money for unreturned uniform items and company cell phone if the employee did not sign a release, but was advised verbally?

This is not an area that is specifically addressed under Florida law. Obviously, the best practice would be to ge the employees authorization in writing when uniforms or cell phones are issued, to deduct the cost from the final paycheck if necessary.

Compared to other states, Florida has relatively few laws that protect workers. If the employer withheld the value of uniforms and cell phone from the employees final check, the employee would have to pursue the case in court (with an attorney) or in small claims court (without an attorney) to recover the withheld amount. Even then, it is not sure the employee would prevail.

Federal law permits employers to make such deductions only with the employees written permission. If the company is large enough for federal law to apply, then the deduction should not be made without written authorization. If such a deduction resulted in the employee being paid less than the federal minimum wage for the hours worked in any one pay period, then that would be a violation of the federal minimum wage law.

Read more about the federal FLSA and deductions at: http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf