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Docking pay for training North Carolina

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  • Docking pay for training North Carolina

    When a friend of mine was hired she was forced to sign something stating she would reimburse the company for training if she quits within a year. She relucatantly did. She has not quit and has no real plans to do so, but now her employer wants to dock her pay for the required training and give it back to her at the end of the year. The employer says the training is required. Any feedback on the legality of this and possible options for her?

  • #2
    This is not an area generaly well spelled out in law, so this is a soft answer. The agreement cannot override statutory labor law so there is a pretty good chance that the agreement does not change anything. I can say with certainty that the agreement is meaningless to the feds. The rules are the same as if the agreement did not exist. The employer must pay at least mnimum wage and must pay overtime if applicable. If the employee is both Exempt and subject to the Salaried Basis rules, the employee must be paid a least $455/week. Absent a statutory violation, the feds would not have cared about the deduction without the agreement and still do not care with the agreement.

    Your state is not my state and I have no idea what (if anything) your state will think about this.

    Last point. Even if statutory labor law prevents the deduction it does no necessarily preclude a general court action (by either party).

    Not your question but the employer is an idiot. This at best is a grey area of the law. Smart employers would have handled this in a different way. The employer is taking something easy and making it into something difficult.
    Last edited by DAW; 05-25-2012, 05:44 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3

      My friend refused to sign something agreeing to her employer docking her pay, and she was told not to come back to work.

      I agree that her employer is an idiot. If her intent was to keep her from leaving, she did just the opposite.