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Can we mandate that employess can only receive their wages via DD in Florida?
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Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId36034
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FL Direct Deposit
posted at 8/7/2009 9:38 AM EDT
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Posts: 5
First: 8/7/2009
Last: 9/3/2009
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Can we mandate that employess can only receive their wages via DD in Florida?
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FL Direct Deposit
posted at 8/7/2009 9:51 AM EDT
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Posts: 1783
First: 11/11/2003
Last: 5/13/2010
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You would need to check with Florida's department of labor/wage&hour division.
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FL Direct Deposit
posted at 8/7/2009 10:09 AM EDT
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Posts: 5
First: 8/7/2009
Last: 9/3/2009
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Florida has no wage and hour division because they follow all federal rules.
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FL Direct Deposit
posted at 8/8/2009 12:40 PM EDT
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Posts: 2442
First: 2/12/2000
Last: 9/14/2011
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Alison- You may not be correct. Here is what I found in a brief search of the state of florida web site:
532.04 f.s.
Score: 85.1%
Abstract: (2) No employer or payor of wages or salary shall terminate the employment of any employee or payee solely for refusing to authorize such direct deposit of wages or salary. (3) An employee or payee of wages or salary may bring a civil action against any person violating subsection (2). Upon rendition of a judgment or decree by any of the courts of this state against the person violating subsection (2) and in favor of the employee or payee of wages or salary, the trial court, or, in event of ...
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FL Direct Deposit
posted at 8/10/2009 4:05 AM EDT
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Posts: 5
First: 8/7/2009
Last: 9/3/2009
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Thanks Howard...I actually found the same piece of legislation and agree with you that while you could make it mandatory for new hires (a condition of their employment) you could not do so for someone who is already employed....now I just have to convince my CEO
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FL Direct Deposit
posted at 8/11/2009 5:41 AM EDT
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Posts: 2442
First: 2/12/2000
Last: 9/14/2011
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I am not an employment lawyer but I am not sure that you can make it a condition of an offer of employment. It might be discriminatory against people that do not have checking accounts and that would very likely have a disproportionate effect on minority groups. Have you talked to outside counsel?
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FL Direct Deposit
posted at 8/12/2009 8:34 AM EDT
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Posts: 217
First: 3/22/2005
Last: 8/29/2011
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Most major banks, Chase, BofA, etc. provide Pay Cards for employees that are loaded with their earnings each pay day. It's a way for employees who might not qualify for a checking account to be paid electronically and also start establishing or repairing their credit.
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FL Direct Deposit
posted at 8/12/2009 8:54 AM EDT
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Posts: 1771
First: 10/24/2002
Last: 9/14/2011
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You cannot take away an employee's rights as a condition of employment. Where mandatory DD isn't allowed, that means that employees have the right to be paid via paycheque. Ergo, you cannot make mandatory DD a condition of employment.
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