My advice would be to of course always be sure that when instituting an employment practice, including, and particularly, those involving payroll practices that care be taken to ensure that it complies with federal, state, and even local law. Some municipalities and counties now have laws regarding employment, such as laws prohibiting gender discrimination, or favoring local contractors in bids. In jurisdictions where there is no law requiring employers to offer cash or a check to employees, such as is claimed by the attorney for the employee in this matter, caution would still have to be exercised to be sure that the cost of the process to the employee did not break a contractual obligation to the employee, or result in a violation of another law. For example, if you promise to pay an employee minimum wage, even without a written contract, and then it costs them some amount of money to be paid, effectively they are not being paid what you promised them. Furthermore, if you promise to pay the employee minimum wage and then because of the costs they receive less than minimum wage you would be in violation of the federal minimum wage law. However, in jurisdictions where you can require an employee to use a debit card for payment, or direct deposit, such as Florida, you could avoid violation of the law by making sure that the net compensation to the employee is what you’ve promised to pay, and no less than minimum wage. Keep in mind that in Florida it is the law that employers pay more than the federal minimum wage based on a 2004 constitutional amendment based adopting a formula based on the Consumer Price Index.
Posted on: Wed, 19 Jun 2013 18:48:10 +0000
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