The Wild Rover
05-06-06, 12:31 AM
Ok Jester...I like a smokey taste in my meat too, and especially if the meat has no hair on it. It tastes better that way, I believe.... but now on to the serious issues. I have several...what's the word I'm looking for here...Associates... that are labor lawyers, and I have been grilling them lately about the effects of what can and cannot be deducted from your paycheck. Lets assume we are all gainfully employed by ACE-Hole construction company, and we find our weekly paystubs are not what they should be...well, aside from your dumbass having to pay child support, each State varies only slightly, and in each case you have a legal procedure that all companies MUST follow according to U.S. The Dept. of Labor...and dead-beat dads beware, they will get you!! They always do you schmucks!
Below are some issues directed at various lawyers, all trained with the Dept. of Labor procedures. I did not get into taxes, because that is what the tax guy is for on this site.
Remember...This is intended as a guide, each State varies, and each circumstance varies..
1. Can my employer ever deduct money from my paycheck, or wages?
Generally no. The only time your employer normally can deduct any moneyfrom your wages is if the money is:
(1) for income taxes or similar withholdings, or
(2) used to pay premiums for health insurance, union dues, or a retirement plan that you authorized. This means that your employer generally cannot deduct money from your paycheck for any other reason.
2. Can my employer deduct money if I lose company money or break
company property?
Your employer can’t deduct money from your paycheck if, because of a mistake or accident, you lose the company’s money, break the company’s property, or lose equipment that belongs to the company. Even though
these types of losses might even be your “fault,” they are considered part of your employer’s cost of doing business and your employer has to cover the costs. For example, if you finish your shift and the register is
“short”, your employer cannot tell you to make up the difference, or if that brand new $1000.00 dollar drill is accidentally dropped from the roof to the lower deck. Don't try this at home, kids.
.. Exception: Gross Negligence, Dishonesty, Willfulness
If your employer can prove that you lost the employer’s money or broke the employer’s property by doing something that was “grossly negligent” or by doing something dishonest or intentional (such as stealing), the
deduction is probably legal. Your employer will normally need to have some proof that you were dishonest or grossly negligent; a simple accusation does not give your employer the right to make these deductions.
.. What is “Gross Negligence”?
Gross negligence occurs if you purposefully fail to follow your employer’s reasonable rules, and you then lose money as a result. For example, gross negligence may exist if your employer required you to use a calculator to
add up the cost of goods sold and you made a mistake and charged too little because you refused to use the calculator. On the other hand, you may not have to pay the cost if you forgot to use the calculator, or if you used
the calculator, but forgot to include an item (and charged too little as a result).
The laws of California, New York, and Ohio Labor Commissions do not automatically assume that you are grossly negligent just because a loss or mistake occurs or property is missing or damaged. Therefore, if you make errors as a result of adding mistakes, recording incorrect prices, or failing to include all items sold when charging customers, then your employer cannot deduct money from your check. (Check your States own laws)
3. If my employer can’t deduct my wages for losing money or
property, can he still discipline me?
Your employer generally may discipline you regardless of whether your mistake was due to simple negligence, gross negligence, dishonest or willful conduct. But your employer may not place the financial burden of the loss upon you unless he proves that you were you were dishonest, willful, or
grossly negligent.
Although your employer can discipline you for losing money or property, it can’t discipline you because you objected to what you believed was an illegal deduction.
4. Can my employer deduct wages to pay off a debt I owe my
employer?
You may owe money to your employer for a purchase or repayment of a loan or because you have been overpaid....this happens often in overseas work. If you are legitimately in debt to your employer, the debt can be deducted from your wages but only in a limited way. The law has been written to protect your wages and your employer must take certain steps before withholding (or garnishing) wages.
....While you are still employed, deductions from your paychecks for debt or overpayments are legal only when you authorize the deductions in writing. These deductions can only be for an amount that you authorize to be deducted during each pay period and cannot be more than 25% of your wages for any particular pay period.
.... If you quit or get fired and still owe money to your employer, your employer cannot simply deduct a “lump sum” or the total balance of what you owe from your final paycheck. Your employer can only deduct the amount you agreed to pay and may face a penalty for trying to
accelerate the payments. This is why you NEVER sign a contract with the clause stating you "Surrender the cost" of the trip home in case of quiting, of firing. You have them by the cahonees.
5. Can my employer deduct money from my paycheck because I
am late for work?
Your employer can deduct money from your paycheck if you are late for work. However, it can only deduct the wages that you would have earned during the time lost while you were late. For example, if
you earn $10.00 per hour, and you are half an hour late, the maximum amount that your employer can
deduct is $5.00.
6. What do I do if my employer illegally deducts my wages?
If your employer refuses to return money that was illegally deducted, you can file a claim with the Division of Labor Standards, or the Dept. of Labor, for the Employers State, or your State of residence. The phone numbers and address are in the white pages of your phone book in the “government” section.
If you no longer work for that employer, the Dept. of Labor may decide the employer wrongfully deducted the money, so you may also be able to recover a penalty against your employer. The best advice is to consult a lawyer. Ask around for a good one, don't just show up at "Dewey, Screwem and Howe's" office, and expect to find Perry Mason in there.
7. What if my employer retaliates against me because I objected to
a deduction from my paycheck?
Your employer is not allowed to fire or otherwise retaliate against you for objecting to what you believe
is an illegal deduction from your paycheck or for filing a claim with the Labor Dept.. You are protected even if you turn out to be wrong. If your employer does retaliate or “get back” at you for filing a claim, you can file a retaliation claim with the Dept. of Labor Commissioner or take your employer to court.
Always consult the appropriate agency or an attorney about your rights.
Below are some issues directed at various lawyers, all trained with the Dept. of Labor procedures. I did not get into taxes, because that is what the tax guy is for on this site.
Remember...This is intended as a guide, each State varies, and each circumstance varies..
1. Can my employer ever deduct money from my paycheck, or wages?
Generally no. The only time your employer normally can deduct any moneyfrom your wages is if the money is:
(1) for income taxes or similar withholdings, or
(2) used to pay premiums for health insurance, union dues, or a retirement plan that you authorized. This means that your employer generally cannot deduct money from your paycheck for any other reason.
2. Can my employer deduct money if I lose company money or break
company property?
Your employer can’t deduct money from your paycheck if, because of a mistake or accident, you lose the company’s money, break the company’s property, or lose equipment that belongs to the company. Even though
these types of losses might even be your “fault,” they are considered part of your employer’s cost of doing business and your employer has to cover the costs. For example, if you finish your shift and the register is
“short”, your employer cannot tell you to make up the difference, or if that brand new $1000.00 dollar drill is accidentally dropped from the roof to the lower deck. Don't try this at home, kids.
.. Exception: Gross Negligence, Dishonesty, Willfulness
If your employer can prove that you lost the employer’s money or broke the employer’s property by doing something that was “grossly negligent” or by doing something dishonest or intentional (such as stealing), the
deduction is probably legal. Your employer will normally need to have some proof that you were dishonest or grossly negligent; a simple accusation does not give your employer the right to make these deductions.
.. What is “Gross Negligence”?
Gross negligence occurs if you purposefully fail to follow your employer’s reasonable rules, and you then lose money as a result. For example, gross negligence may exist if your employer required you to use a calculator to
add up the cost of goods sold and you made a mistake and charged too little because you refused to use the calculator. On the other hand, you may not have to pay the cost if you forgot to use the calculator, or if you used
the calculator, but forgot to include an item (and charged too little as a result).
The laws of California, New York, and Ohio Labor Commissions do not automatically assume that you are grossly negligent just because a loss or mistake occurs or property is missing or damaged. Therefore, if you make errors as a result of adding mistakes, recording incorrect prices, or failing to include all items sold when charging customers, then your employer cannot deduct money from your check. (Check your States own laws)
3. If my employer can’t deduct my wages for losing money or
property, can he still discipline me?
Your employer generally may discipline you regardless of whether your mistake was due to simple negligence, gross negligence, dishonest or willful conduct. But your employer may not place the financial burden of the loss upon you unless he proves that you were you were dishonest, willful, or
grossly negligent.
Although your employer can discipline you for losing money or property, it can’t discipline you because you objected to what you believed was an illegal deduction.
4. Can my employer deduct wages to pay off a debt I owe my
employer?
You may owe money to your employer for a purchase or repayment of a loan or because you have been overpaid....this happens often in overseas work. If you are legitimately in debt to your employer, the debt can be deducted from your wages but only in a limited way. The law has been written to protect your wages and your employer must take certain steps before withholding (or garnishing) wages.
....While you are still employed, deductions from your paychecks for debt or overpayments are legal only when you authorize the deductions in writing. These deductions can only be for an amount that you authorize to be deducted during each pay period and cannot be more than 25% of your wages for any particular pay period.
.... If you quit or get fired and still owe money to your employer, your employer cannot simply deduct a “lump sum” or the total balance of what you owe from your final paycheck. Your employer can only deduct the amount you agreed to pay and may face a penalty for trying to
accelerate the payments. This is why you NEVER sign a contract with the clause stating you "Surrender the cost" of the trip home in case of quiting, of firing. You have them by the cahonees.
5. Can my employer deduct money from my paycheck because I
am late for work?
Your employer can deduct money from your paycheck if you are late for work. However, it can only deduct the wages that you would have earned during the time lost while you were late. For example, if
you earn $10.00 per hour, and you are half an hour late, the maximum amount that your employer can
deduct is $5.00.
6. What do I do if my employer illegally deducts my wages?
If your employer refuses to return money that was illegally deducted, you can file a claim with the Division of Labor Standards, or the Dept. of Labor, for the Employers State, or your State of residence. The phone numbers and address are in the white pages of your phone book in the “government” section.
If you no longer work for that employer, the Dept. of Labor may decide the employer wrongfully deducted the money, so you may also be able to recover a penalty against your employer. The best advice is to consult a lawyer. Ask around for a good one, don't just show up at "Dewey, Screwem and Howe's" office, and expect to find Perry Mason in there.
7. What if my employer retaliates against me because I objected to
a deduction from my paycheck?
Your employer is not allowed to fire or otherwise retaliate against you for objecting to what you believe
is an illegal deduction from your paycheck or for filing a claim with the Labor Dept.. You are protected even if you turn out to be wrong. If your employer does retaliate or “get back” at you for filing a claim, you can file a retaliation claim with the Dept. of Labor Commissioner or take your employer to court.
Always consult the appropriate agency or an attorney about your rights.