Legal Question in Employment Law in Pennsylvania
deductions in paycheck
Is it legal for my boss to deduct money from our check if we are late. (Ex: 3 min late, deducts 15 min of pay)? We are also told that if we do not work during those unpaid minutes, she will deduct another 15 mins. Is this legal?
2 Answers from Attorneys
Re: deductions in paycheck
It depends upon what you do specifically for a job. Feel free to call our offices or e-mail me directly more details.
-Danny Cevallos
Re: deductions in paycheck
You asked about deductions from a paycheck.
It may be a violation of wage and hour laws for an employer to deduct from a paycheck time which was actually worked by an employee. An employer may deduct time actually not worked.
In the facts you stated, it is probably unlawful for the employer to deduct 15 minutes or to require that you work for the period unpaid. Moreover, some employers have tried to implement a system of fines to get around the wage and hour law but this brings another problem as it is unlawful for private parties to institute any system of fines. Fines for conduct are the exclusive province of government.
And since you'll be rubbing this in your employer's face (though I wish you wouldn't), it is unlawful for an employer to retaliate against an employee for reporting, either to management or government authorities, violations of law or regulation by an employer.
So, when your employer takes adverse action then you should contact me about prosecuting your employer. Or better, have your employer contact me and I can help develop policies that will gain compliance and stay on the right side of the law.
Regards,
Roger