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Non-exempt disciplinary payroll deductions- Florida

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  • Non-exempt disciplinary payroll deductions- Florida

    What are the DOL rules for payroll deductions made for disciplinary reasons to non-exempt employees?

  • #2
    What kind of disciplinary deductions? It is very hard to answer questions in a vaccuum.
    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.

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    • #3
      Additional Information

      Specifically, a company is deducting $5.00 from non-exempt employees for not punching the time clock. Rationale: missed punches create work for payroll employees and taken to the extreme, are an open door for payroll fraud. There is much information on this topic as it relates to exempt employees, however I've been unable to find guidance on for non-exempt (i.e., "timecard") employees.

      Sorry for the confusion.

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      • #4
        I'll let one of the payroll people address the FLSA issues; however, an obvious solution would be for the non-exempt employees to stop "forgetting" to punch the time clock.
        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.

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        • #5
          Florida law is silent on the issue of deducting from the net pay of employees, with or without a signed authorization to do so. Now, if you're talking about a deduction from GROSS pay, that MIGHT be a violation of public policy, although it would be a violation of federal LAW if the deduction brought the employee below minimum wage for all hour worked.

          But, cbg's response is the best. Just remember to clock in/out. Then, no problem.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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