Orlando, FL asked in Employment Law for Florida

Q: Can my job make up fines and take all of your pay?

My dealership recently set up a fining system where you get $100 deducted from your check if you drive over 4mph in your car or in their golf carts on dealership property (they bought a radar and set it up at the entrance), if you eat or store food or drink outside of the break room (no water or coffee at your desk), a $25 fine if you miss a time punch (or if the computer glitches and doesn't actually process your punch in/out), $15 if you don't participate in wearing pink on Fridays for breast cancer awareness, the list goes on. There's a fine for everything. Is it legal for them to not pay you for hours worked and commission earned on cars sold for these things? Can they legally write their own speeding tickets? None of this has happened to me yet but they're adding new fines all the time and I'm wondering about the legality of it all.

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1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: Generally, yes--your employer can "assess fines" as a way to enforce employment rules that are apparently being ignored. Why? Because Florida is an “at will” state, which means employers are free to hire, transfer, promote, demote, suspend, reinstate, fire and rehire employees for any reason at any time, i.e., “at will.” The only thing employers cannot do is make any of these adverse employment decisions based upon an employee’s race, age, gender, disability, religion, marital status or national origin.

So, as long as your employer is not enforcing its new fines in a discriminatory manner that would violate Florida law you have but three choices: obey all the (silly) rules; refuse to comply (and probably get fired); or quit.

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