Legal Question in Employment Law in Pennsylvania
Isn't it illegal to garnish wages for no reason?
Hello.
I am a server at a country club.
A policy was instituted which deducts 3% of each server's net sales from our weekly pay.
Most of us are very poor, and suffer financially because of this.
The money taken from us goes to ''the house.''
We have had no explanation of what this means, or why it is happening.
Conveniently, no one claims responsibility for this, so we cannot question it.
We did not sign any contract permitting it.
Everyone is afraid to tackle the subject, especially unarmed and without recourse.
Isn't it illegal to garnish wages for no reason?
Please give me some advice, or references to pursue.
Can I get this money back, or at least stop this unfair practice?
Thank you.
2 Answers from Attorneys
Re: Isn't it illegal to garnish wages for no reason?
It sounds to me like the employer is deducting for tips. This may be a violation of Pennsylvania Law. Generally deductions must be disclosed to the employee at the time of hiring. An employer is allowed to pay a lower minimum wage to tipped employees but that only applies where:
"(1) Such employe has been informed by the employer of the provisions of
this subsection;
(2) All tips received by such employe have been retained by the employe and shall not be surrendered to the employer to be used as wages to
satisfy the requirement to pay the current hourly minimum rate in
effect; where the gratuity is added to the charge made by the establishment, either by the management, or by the customer, the gratuity shall become the property of the employe; except that this subsection shall not be construed to prohibit the pooling of tips among
employes who customarily and regularly receive tips."
Re: Isn't it illegal to garnish wages for no reason?
Without more information, it seems as though you may have a wage payment and collection claim against these people. This is just based upon your limited facts. If you would like to speak further regarding this matter, feel free to call our offices.
Daniel Cevallos
Law Offices of Daniel L. Cevallos, PC
1420 Locust Street, Suite 24Q
Philadelphia, PA
19102
267.639.3105
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