Announcement

Collapse
No announcement yet.

Till Deductions Pennsylvania

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Till Deductions Pennsylvania

    Hello Everyone,
    just a quick question


    I worked 5.75 hours at a rate of 7.75. Minimum wage is 7.25.

    According to what i've found an employer cannot reduce your gross pay below minimum wage even if you till is short.

    So if you times 5.75 x .50 you'll get $ 2.87 is the legal amount they can deduct you without going below minimal wage. So if i got deducted 4.26 that would mean im not earning minimal wage and they are violating the law.

    Would this be true?

    Is there any Fines the employer can receive?

    I understand its like 2 bucks, but i just want to know if this is true so i can go up to my employer show them im not a [email protected]#

  • #2
    http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

    Other Items: Employers at times require employees to pay or reimburse the employer for other items. The cost of any items which are considered primarily for the benefit or convenience of the employer would have the same restrictions as apply to reimbursement for uniforms. In other words, no deduction may be made from an employee's wages which would reduce the employee's earnings below the required minimum wage or overtime compensation.

    Some examples of items which would be considered to be for the benefit or convenience of the employer are tools used in the employee's work, damages to the employer's property by the employee or any other individuals, financial losses due to clients/customers not paying bills, and theft of the employer's property by the employee or other individuals. Employees may not be required to pay for any of the cost of such items if, by so doing, their wages would be reduced below the required minimum wage or overtime compensation. This is true even if an economic loss suffered by the employer is due to the employee's negligence.

    Employers may not avoid FLSA minimum wage and overtime requirements by having the employee reimburse the employer in cash for the cost of such items in lieu of deducting the cost from the employee's wages.

    http://www.dol.gov/elaws/esa/flsa/14c/20i.htm
    The FLSA authorizes the Wage and Hour Division to assess employers civil money penalties (CMPs) of up to $1,100 for each violation for repeated or willful violations of the minimum wage and overtime requirements of the Act. This includes employers who are authorized to pay special minimum wages to workers with disabilities.

    CMPs may be assessed for a "repeated" violation when it can be proven that the employer had previously violated the minimum wage or overtime requirements of the FLSA. CMPs for a "willful" violation may be assessed when it can be shown that the employer knew that its conduct was prohibited by the FLSA or showed reckless disregard for the requirements of the FLSA.

    CMPs are intended to discourage employers from future noncompliance and are not tied to the amount of the back wage liability incurred. They will ordinarily be assessed based on violations occurring within the normal two-year investigation period. Where violations are determined to be willful, the investigation will cover a three year period.

    The regulations concerning CMPs for minimum wage and overtime violations, pursuant to Section 16(e) of the FLSA, are contained in Regulations 29 CFR Part 578.
    Last edited by DAW; 07-26-2012, 10:30 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Other than getting my money back is there anything the employer will get( fines....Etc

      Comment


      • #4
        I was editing that into my original post at the same time you responded.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          So if im 15 they can face up to 11,000 dollars in fines and also would i be correct in the first post


          Thanks for all the help, i really apprecaite it

          Comment


          • #6
            It is 1,100 in fines but fines are very rare and go to the state, not employee. The fine is the maximum, not what is typically levied. For a $2 difference, I'd be shocked if the DOL did more than tell your employer to reimburse you what they owe.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              haha it wouldnt matter to me where it went. Im just sick of the costant shortage when im not the only one on the till. Ill just go ask the employer to give me my money.


              Thanks

              Comment


              • #8
                The key is the "repeated or willful violations" phrase cited. The DOL may issue fines/penalties when they feel the need, but that is indeed to be a worse case response, not a typical response.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  So basically if i go up to management and say, you deducted to much. I would like x amount back to make it legal they should give it to me

                  Comment


                  • #10
                    Management does whatever management does. Maybe they do not know the law says, or maybe they do not care what law says. No one here can guess what action your management will take
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Das ist in der Doktor!

                      Originally posted by CAmor07 View Post
                      So basically if i go up to management and say, you deducted to much. I would like x amount back to make it legal they should give it to me
                      Hard to say but I'd bet before the day is through you're going to be given more than you bargained for....

                      .._____________
                      ~ Political correctness is a doctrine, fostered by a delusional, illogical minority,
                      and rabidly promoted by an unscrupulous mainstream media, which holds forth the proposition that,
                      it is entirely possible to pick up a turd by the clean end. ~ unknown

                      Comment


                      • #12
                        hahahahah I'm leaving that place as sooon as it hits august 17th when my new job starts. (employer) can kiss my heiny
                        Last edited by cbg; 07-27-2012, 04:53 AM.

                        Comment

                        Working...
                        X