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Wage Deductions applied after the fact Illinois

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  • Wage Deductions applied after the fact Illinois

    My employer wants to dock pay based on a rule that is now being put in place that was not known during the pay period he will be deducting from.

    In addition, we are already paid minimum wage. Can he even deduct our pay any lower?


    The whole story is this:
    My work sells deserts in cups, but there is an upgrade to the cup available. My employer wants to dock pay for every individual cup-upgrade sold without a corresponding cup, saying that we are giving out our product in those cups only for the reduced price. However, sometimes customers purchase one after getting the standard cup; there is no way to tell if the sale of the upgrade is a misrepresentation or a late purchase.

    Considering that it was never made clear that employees could not sell the upgrade after the fact, that there is no concrete method to prove that the upgrade was being used to go around the system, and that these are new rules that he intends to impose on previously earned wages, it seems like it is not legal to me, but I'm not an expert.

  • #2
    Looking at federal law only (FLSA), it would be not legal for this type of deduction to reduce the federal minimum wage obligation.
    http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

    Your state is not my state. If IL has a higher MW, then the feds would not care about everything in excess of federal MW. But IL might.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      This is the only thing Il. says re wage deductions:

      Deductions from Wages
      Without an employee’s express written consent given freely at the time the deduction is made, an employer may not make a deduction from an employee’s wages for:

      cash shortages,
      inventory shortages,
      failure to follow proper credit card, check cashing or accounts receivable procedures,
      damaged property,
      required uniforms,
      necessary equipment, or
      deposits on loaned equipment or other items.
      An employer may not withdraw or deduct wages from an employee’s paycheck, unless it is:

      required by law;
      for the benefit of the employee;
      in response to a valid, garnishment, wage assignment, or wage deduction order ; or
      made with the express written consent of the employee, given freely at the time the deduction is made.
      820 ILCS 115/9; IL Admin Code 300.700-930
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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      • #4
        If we really wanted such a policy, and we actually wanted in legal in all 50 states, it would like something like this. Employee would be ALLWAYS be paid the greater of federal/state minimum wage, plus an optional non-discretionary conditional bonus which would include whatever dippy conditions we wanted. Making sure this is well known prior to work being done takes care of all Common Law obligations and making sure that we always pay at least minimum wage and making any additional pay conditional takes care of states such as apparently IL with additional statutory rules. The ND bonus would be subject to OT, and hopefully be paid when earned.

        Not saying this is a good idea, but can be done legally.

        But as described by OP, the action is not legal.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          i thinks, as described, a retroactive dock is not legal..and any dock which takes one below the.minim wage is also not legal.....

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