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Employer withholding all tips for back health insurance fees Florida

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  • Employer withholding all tips for back health insurance fees Florida

    Hi, My employer forgot to withold insurance from my paycheks and now i owe 350 in back insurance premiums. I told them i would make payments on it as right now i am strapped for cash and cant pay it all at once but they are saying that is not good enough and are going to withhold all of my tips until the 350 is caught up. my question is can they withhold any part of my tips for insurance premiums let alone all of them without my consent first? Thanks for looking this over and any help in advance.

  • #2
    This is going to be a soft answer. FL is not my state, but it has a reputation for having very little in the way of state specific laws. I have no idea if this is one of the very few areas that they have passed a law on.

    For federal law only (FLSA), this is probably legal. There are basically two different provisions of FLSA butting heads. I can show a tip factsheet that would indicate that the tips must be paid. On the other hand I have a deductions factsheet that would indicate that this is a "for the benefit of the employee" deduction which would allow the deduction to take remaining wages below minimum wage (unlike a "for the benefit of the employer") type of deduction.

    http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

    http://www.dol.gov/dol/topic/wages/wagestips.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Fl. has no wage deduction law for private employers - follow federal rules.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        What DAW said.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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