Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Withholding Orientation Pay Florida-- Legal?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Withholding Orientation Pay Florida-- Legal?

    I started an hourly-wage position with a privately owned medical facility in Florida. The company provides all new employees a full week of (necessary) orientation training. They are withholding all pay for this week of training UNTIL employees complete a 90-day probation period.

    The company says it is because they invest a lot of time/money in training their workers in subjects that are useful to employees in any work situation. They want to see proof of the employee's commitment to the company before they pay us for the training.

    This doesn't sound legal.

    The training YES is generally educational, but is primarily facility-specific. The training is necessary for starting work in the facility. Even if a new staff member quits after a few shifts, the training provided is necessary to do the work accomplished in those shifts. And intuitively, shouldn't one be paid right away for any work done? The training was an investment on the new hire's valuable time in order to become a good staff member.

    Please advise... I would appreciate any knowledge of resources /links I could show my employer in order to be paid now for this time and to help out my coworkers as well.

    VOH

  • #2
    Unfortunately, Florida does not have any laws specifying when an employee must be paid. However, the federal DOL does require "regular, scheduled" paydays. And, if nothing else, this failure to pay wages in a timely manner would be a violation of public policy.

    Having said that, however, you can contact the state Dept. of Workforce Innovation or the federal Dept. of Labor and see what they suggest.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      If they withhold the training pay until after the probationary period, then that means they presumably withhold that training pay for those who don't make the cut during that time, right?

      Failing to pay THOSE people for their time may violate state and federal minimum wage laws. If they have told you that the purpose of withholding pay for the probationary period is to avoid paying those who don't make the cut, then you may be able to challenge it. Delayed pay by itself is not necessarily illegal; if that delay is a tool to deny legally required pay to some workers, I think it may cause that employer problems.

      Comment


      • #4
        Actually, Mikewas, I would disagree that the reason for "withholding" the pay is relevant. You work, you must be paid. Period. The problem the OP faces here is that the timing of payment is generally left to the states, and Florida has no provision regarding how often employees must be paid.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Originally posted by Pattymd
          Actually, Mikewas, I would disagree that the reason for "withholding" the pay is relevant. You work, you must be paid. Period. The problem the OP faces here is that the timing of payment is generally left to the states, and Florida has no provision regarding how often employees must be paid.
          If the sole purpose of the policy is to enable the company to wrongfully withhold pay from people who've earned it, I don't agree with you that it's irrelevant. At a bare minimum, it makes them look bad in front of a judge and a jury. In Florida, such a policy might be an element of other claims against the employer, outside the narrow confines of employment law. If the employer were my client, I'd probably advise them to stop playing games, because it's pretty clear that's what they're doing.

          Comment


          • #6
            What I was trying to say, Mikewas, is that, for purposes of paying the employees, there is NO legal excuse for "withholding pay". I don't care what the reason is, and (generally speaking) neither does the DOL.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Mikewas, I'm not disagreeing with you. I'm asking for clarification on your thoughts.

              At what point does it stop being delayed pay and start being a non-payment? Given that Florida does not have any specific time frame.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

              Comment


              • #8
                Since Florida has no laws mandating timing of payment, I would opine that anything longer than one month would be failure to pay. My reasoning behind that is that, for all states which DO have payment requirements, monthly is the longest any of them go.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

                The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                Working...
                X