Legal Question in Employment Law in Texas

legal deductions

I am wondering if it is legal to penalize an employee's bonus portion of their check for what the company calls ''mistakes''. I am a salaried employee but I get a bonus check every payperiod based on what the city makes during that pay period. The owners of this Company has started to deduct a couple of hundered dollars a pay period from my bonus for things like, not answering my phone, turning in paperwork late, things of that nature. To their credit they sent me a letter advising me this was going to start happening but I didnt consent to this nor have I signed a consent. Is this really legal?


Asked on 9/14/07, 5:14 pm

1 Answer from Attorneys

Daniel Ross Ross Law Group

Re: legal deductions

Your employer's practice of deducting compensation from your bonus checks based on performance issues may or may not be legal. It would depend on several different factors, such as whether the bonuses are purely discretionary, whether you are properly classified as an exempt salaried employee, and whether your relationship with your employer is governed by a contract of employment. Issues of employee compensation are generally governed by the federal Fair Labor Standards Act, though there may be other laws that would apply as well.

Feel free to call my office and speak to my legal assistant Ashley to set up an appointment if you wish to discuss this further; or visit our website www.rosslawpc.com for more information

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Answered on 9/17/07, 1:59 pm


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