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  • Background Charge Virginia

    I got an employee that we rehire, she hast to work for a place that need background and drug test investigation. The cost $ 115 dollars.
    After 6 days of work, she quit again, saying she needs a vacation.
    Is there any law saying that i can deduct that from her last paycheck ????
    Thanks

  • #2
    Your state is not my state, so I have no idea what VA specific rules are. It is not legally possible for state rules to make federal rules go away, although it is possible for state rules to be more favorable to the employee then the federal rules.

    I can say that for federal rules only:
    - If this is a Non-Exempt employee, then this is a "for the benefit of the employer" type of deduction under the federal FLSA law that cannot interfere with the minimum wage or overtime rules.
    http://www.dol.gov/esa/whd/regs/compliance/whdfs16.pdf
    - If this is an Exempt Salaried employee, then the "rules" are less clear, but there are federal DOL opinion letters to the effect that any "for the benefit of the employer" type of deduction violates the "salary basis" requirement.
    http://www.dol.gov/esa/whd/opinion/F...10_07_FLSA.pdf
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Not unless the individual had already signed a deduction authorization for this purpose.

      C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee.
      http://leg1.state.va.us/cgi-bin/legp...00+cod+40.1-29

      Guess you won't rehire her again, huh?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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