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Involuntary Wage Deductions For Damage To Company Property.

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Involuntary Wage Deductions For Damage To Company Property.

Postby Gurion » Wed Nov 30, 2016 8:54 am

I am the office manager of a small veterinary practice in New York State. Today, the doctor/practice owner asked me to write a memo to our employees outlining two new hospital policies. He specifically asked that I word it in such a way that the policies are coming “from me,” not “per the owner.” These are the policies he would like me to outline:

1. We are issued scrubs, embossed with the company logo. He would like to institute a policy where, if an employee’s scrubs are lost or damaged(this would include damage sustained ‘on the job’--bleach stains while mopping, for example), $20 will be deducted from their pay.

2. He would like to institute a policy whereby, if an employee’s hospital keys are lost or stolen, the cost of replacing all of the locks in the hospital will be deducted from the employee’s pay.

Are either of these policies legal? Assuming they are not, what liability, if any, might I assume personally by threatening or attempting to enforce them?

Thanks in advance for any advice you can offer
Gurion
 
Posts: 44
Joined: Thu Mar 06, 2014 1:16 pm

Involuntary Wage Deductions For Damage To Company Property.

Postby Dernas » Wed Nov 30, 2016 9:11 pm

Nils - These proposed policies are not legal, and your boss needs to understand that.  Deducting money from an employee's paycheck without permission is a violation of the state and federal wage and hour laws.  New York is a particularly state when it comes to employee rights, and it would take just one telephone call for the investigators to descend on your office looking for any other violations that went along with the deductions.  Trust me, they would find some.

You would not be personally liable unless you were the person who authorized the deductions.  If you are asked to do so, I would recommend that you decline the privilege.  If he wants to break the law, it should land on his shoulders, not yours.  If you are retaliated against for your actions in response to his illegal instructions, that, too, is a violation of the same laws.  

I suggest you go to the NYS Department of Labor website and print out this question from the FAQs:

Q: May employers deduct money from wages? A: Section 193 of the Labor Law states: 1. No employer shall make any deduction from the wages of an employee, except deductions which: a. are made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency; or b. are expressly authorized in writing by the employee and are for the benefit of the employee, such as: Payments for insurance premiums Pension or health and welfare benefits Contributions to charitable organizations Payments for United States bonds Payments for dues or assessments to a labor organization Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction. It may not be impressive on this site, but the official site should impress upon your boss the illegality of his plans.  

Good luck.
Dernas
 
Posts: 45
Joined: Wed Jan 08, 2014 8:36 am

Involuntary Wage Deductions For Damage To Company Property.

Postby maddox » Thu Dec 01, 2016 11:12 pm

I am the office manager of a small veterinary practice in New York State. Today, the doctor/practice owner asked me to write a memo to our employees outlining two new hospital policies. He specifically asked that I word it in such a way that the policies are coming “from me,” not “per the owner.” These are the policies he would like me to outline:

1. We are issued scrubs, embossed with the company logo. He would like to institute a policy where, if an employee’s scrubs are lost or damaged(this would include damage sustained ‘on the job’--bleach stains while mopping, for example), $20 will be deducted from their pay.

2. He would like to institute a policy whereby, if an employee’s hospital keys are lost or stolen, the cost of replacing all of the locks in the hospital will be deducted from the employee’s pay.

Are either of these policies legal? Assuming they are not, what liability, if any, might I assume personally by threatening or attempting to enforce them?

Thanks in advance for any advice you can offer
maddox
 
Posts: 45
Joined: Thu Mar 31, 2011 10:39 pm


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