Withholding Wages Federal Statute?

jscheidter

Does anyone know the specific Federal or Florida State statute that says an employer may not withhold wages unless by court order or employee agreement?

Pork

[font size="1" color="#FF0000"]LAST EDITED ON 03-31-04 AT 02:59PM (CST)[/font][br][br] I believe to get to your concerns you should refer to both the Federal Wage Garnishment Law and The FLSA of 1938, as amended. Both have pieces of the pie, Section 302 (b) will identify for your interest the definition of "disposable Income", which would be the portion of income from which one may be ordered to take payments by a court of law or a Federal department authorized to do so, such as the IRS and the Department of Education.

Without a particular benefit program specifically set up to reduce at the wishes of the ee as a voluntary reduction of the "disposable Income", we do not do it. A voluntary election such as a savings account direct deposit or a repayment of an accounts payable issue (pay advance), or premium payment for uniform cost, we do not do it. The company, which is not a banking institution can not loan money; we can "advance pay", if the company chooses, but we can not accept interest or handling charges or processing fees for the advancement of a "pay".

The FLSA gives you the guidance that the company must pay to the employee the entire amount of his/her pay before the end of the next week. In our case our work week is Sunday to Saturday; in the next week we have until COB Friday to put into the hands of the employee the wages or salary earned. If we fail to accomplish this in full, then the failure is on the part of the company and the ee has a complaint. We must then be prepared to act and defend our actions. Our actions are only protected by our documentation, therefore, no document no justification for reducing one's "disposable Income".

I hope this helps.

PORK