Worked over 120 hours & only paid $520 for month bc company claims they overpaid me one pay period.

[Sir Digby]

Jurisdiction

Florida

Recently started a cocktail serving job at a newly opened resort. My base pay is $5.30 plus tips, which I receive on my paycheck which is bimonthy. Two months ago I was told I was overpaid and that they were going to let me know how the company planned to take back the money I was overpaid. I was never told exactly how much I was overpaid nor when the money would be taken out. This last month I have worked over 120 hours and I have received two paychecks totaling about $500 all together. I was suppose to be paid over $1000 for this last month including all of the tips I earned, however my employer without my knowledge has taken half of the money I earned over the last two paychecks. Basically I worked 120 hours and was paid the equivalent of $3 an hour. Furthermore, they took money from my credit card tips, which I am not sure is legal to do. I would have been fine having the company deduct $100 from each paycheck until I paid off the extra money, however, now I basically worked for a month for free for the company. This did not just happen to me - there are many other servers who also had this happen to them. I was wondering if we have any legal rights in this matter.

 

[ElleMD]

What state? I'd start by asking for an accounting of how much you were overpaid and when.

 

[Betty3]

The IP address state is Florida.

 

[army judge]

What state? I'd start by asking for an accounting of how much you were overpaid and when.

According to the OP's IP addy, the post appears to emanate in or near the Miami, FL area.


If I were reamed like some of you may have been, or even if I hadn't yet been reamed, I'd be seeking new employment because my turn to get reamed will soon be at hand.

These "mistakes" will continue to occur to the detriment of the employee base.

Even if the state of Florida (which is rarely inclined or prepared to assist workers) were to help you, the resort would likely have shuttered its doors or gone BK by the time any ruling is made, or a deal is struck.

The "help", if that is what you care to call it, will be coming from the Federal DoL, should they feel inclined to look under a few rocks.

Heaven help you if the Feds decide to "help", because that usually results in a few lucky "winners" receiving some pieces of official looking, cheap form letters.

 

[ElleMD]

If you were truly overpaid, the DOL is unlikely to get too bent out of shape by your employer recouping the overpayment. While technically a violation, it is a fairly limited one and there is not much the DOL can do after the fact. At least not that will benefit you in any way.

 

[nomadjanet]

You entitled to a record of the overpayment calculations and the current calculations. I would ask for it first nicely. I would also be looking for another job if they refuse to give you an accounting I would file a complaint with the state workforce commission. Really the best advice is if you get a big check way more than usual put that money away.