Legal Question in Employment Law in Florida

payment methods

My son is employed by a national chain restaurant. The payment method utilized is a Visa check card. In order to access his wages he must use an ATM displaying the Visa logo and pay a fee of $1.50 each time he uses the ATM. There is also a fee of fifty cents for checking his balance. He maintains a savings account with a national banking institution where he would prefer to put his earnings. Should he be charged a fee to withdraw his earnings from an ATM in order to deposit them into his account? Is the employer not required to make earnings available without penalty? Thank you.


Asked on 12/05/05, 11:20 am

1 Answer from Attorneys
Keith Stern Shavitz Law Group

Re: payment methods

Under Florida law, if your son is paying paid at least the minimum wage of $6.15/hour for each hour worked after the loss of any income from accessing his wages, this practice may not be illegal (although unfair). If it is resulting him being paid less than the Florida minimum wage, then it would be unlawful in that regard. There are other issues as well which may impact upon the answer to your question, so please consult with an attorney immediately. Please of course feel free to contact us as well for further assistance.

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Answered on 12/05/05, 11:29 am


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