Legal Question in Employment Law in New Jersey

Overtime withheld for payment of accident

My boyfriend received his paycheck today. Seems common except that all of his overtime for the past two weeks was withheld. Apparently he was driving a truck with a loader on the back,and when pulled it into the the garage the loaders windows imploded. He did feel bad about it. His boss at once told him he would have to pay the damages (which I felt was odd because companies usually have insurance for just such purposes)but my b/f thought he would probably take minimum monthly payments or something. But then his boss took it back and said he wouldn't charge him for it. So ofcourse we didn't worry about it. Until we seen his paycheck and all of the OT money was taken. He didn't show it on the paystub, instead those OT hours are just missing, and on a seperate paper he wrote the money he owed for the windows and how much was subtracted from his OT. The total amount of the windows(his boss claims )is $900.Plus to add to it he apparently still owes him $22!!! Any information or ideas you may have on this subject would be appreciated. I secretly wish one of you guys could just call him up and scare him good for me. What a horrible thing to do right before Christmas! Our son will surely be dissappointed this year!Please help!-Deb


Asked on 12/17/05, 7:06 pm

1 Answer from Attorneys
Edward Fronczkiewicz, Jr. Miksch and Fronczkiewicz

Re: Overtime withheld for payment of accident

Under NJ's wage and hour laws, it is illegal for an employer to withold any amount of pay from an employees paycheck without the employees written consent.

Your husbands employer violated about 3 wage and hour laws by doing what he did.

You are right, a simple letter or phone call outlining the law will probably remedy this situation.

If I can be of assistance in this matter please contact me., Just click on the attorney profile link for my phone number or email me [email protected]

Regards

Ed Fronczkiewicz

Miksch and Fronczkiewicz

Attorneys at Law

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Answered on 12/18/05, 11:50 am


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