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  • Commision or hourly Nevada

    Hello

    I work for a company who is now charging employees fines
    for anything they want. This is cash out of our pocket into theres.
    I was told the employer could short us down to minium wage.

  • #2
    Hard to say. First of all, your state is not my state, and I will let someone else address NV specific law on this (if any). I can address federal law only, which is arguably ambiguous on this issue. The employers argument will go something like since federal law does not specifically say that I cannot fine my employees (as long as MW/OT rules are followed), that means it is legal.

    Maybe. Maybe not. Look first to state law. Many states have much tougher laws then the federal in this area. If NV has a good law, that is your best option. Past that federal law (FLSA) is silent on this point. The employer can argue that means they are right. Technically you could argue that the silence means that you are right. Both arguments are equally good or bad. If you take this to small claims court the law (and arguments) are so weak that the judge can easily support any decision they feel like making. If I was making your side of the argument to the court I would stress that all examples provided by federal DOL show the employer being reimbursed for actual costs incurred by the employee.

    The other problem is that how the employer structures the actual compensation package makes a difference. Fines are legally at best problematic. But paying someone minimum wage, plus a conditional bonus payment is generally very legal everywhere even though it can come up with exactly the same result as the other method. Many times it is not what the employer is doing that is illegal so much as how they are doing it.

    http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf

    http://www.dol.gov/dol/allcfr/ESA/Ti.../Subpart_C.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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