Legal Question in Business Law in Maryland
Today my boss told me that he's going to charge me a fee of at least $25 for every paycheck I recieve. That's about $50 a month. He's doing this because the owner wants to cancel our payroll service, but no one has time in house do the work. My boss plans to hire cheaper payroll service and charge us for it. Is this legal?
4 Answers from Attorneys
Unless you have a written contract that says otherwise, yes, your employer can do that. You have an easy choice -- quit your job and work for someone else who won't do that to you.
Best of luck.******The above is for informational purposes and does not create an attorney-client privilege.*******
As a franchise attorney, I respectfully disagree with the other attorney's answer. In my opinion, this practice amounts to improper wage withholding. It's easy enough to determine. Contact your local employment development or labor department. They will investigate the practice and make a ruling. Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Attorney
Franchise Foundations APC
I agree with attorney Murphy. You should definitely contact Maryland Department of Labor, Licensing & Regulation. To begin, call (410)767-2357.
Also you can contact the US Department of Labor. You can go to their website www.dol.gov.
If you need additional information, I am an employment lawyer in Maryland with two offices -- Baltimore and Bethesda. You can contact me at (301)678-3725 or (410)635-4122
BALTIMORE OFFICE
300 E. Lombard Street
Suite 840
Baltimore, MD
As the two other Maryland attorneys noted, withholding such monies from a paycheck in Maryland likely violates this state's wage/hour laws. Paycheck deductions can be made in limited circumstances: if they are court ordered OR if the employee already agreed in writing. Employees have two options with wage violations: they can report it through governmental channels or they can pursue a private civil action against the employer.
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