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Final Vacation Payout- Minimum Wage? Florida

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  • Final Vacation Payout- Minimum Wage? Florida

    Employee has a final paycheck and a vacation payout check coming to him (2 seperate checks), both paid at regular rate of pay. We need to take out some deductions for unreturned property.

    I know that deductions (for reimbursement for missing uniforms) cannot take an employee below minimum wage on the final paycheck. Can we take the deductions out of the vacation payout check instead; even if the deductions would take the vacation pay (paid at the regular rate) down below minimum wage when averaged out?

  • #2
    Maybe complicated. There is no federal or FL state statutory law requring that vacation balances be paid at all. However, an argument could be made under FL common law that prior practice creates such an obligation. The employer could make a contrary common law argument that the uniform was required to be returned and this is a debt owed and there is no statutory requirement prohibing this practice.

    Bottom line, the employee can try filing a small claims court action and there is no way of predicting what the judge will do.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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