Health/Uniform Questions Alabama

[andibear1]

We were informed by our employer that if we worked less than fourty hours & did not make it up by using vacation or working late, that we would be required to pay our health insurance for that week. So If I worked 38 hours, & did not have the chance to make it up or have any bebefits to use to make the time up, then I have to pay 64.00 for my insurance. Do I have to agree to this & is this legal? This was just a verbal policy, right now...

Also, Doesnt the employer have to pay for uniforms if they are the ones to require it? They are polo shirts with the company logo on it. They did pay for the logo, which was 24.00 for 5 shirts & 1 jacket. However we had to pay 100.00 for the shirts & jacket. Which have no use for outside of work.
Any thoughts?

[Pattymd]

1. It's an administrative nightmare, but there is no law that prohibits it, to my knowledge.

2. That's iffy. I understand you "have no use for them" outside of work, but it's not uncommon to see people wearing their employer's logo'ed clothing on the street. And, if the logo was sewn on, you can remove it eventually (I've done that myself).

[andibear1]

Thanks, response to insurance question: Well if there is no law that prevents this from happening, then there must not be law that prevents me from having to agree with it. So I should have the right to refuse to let them take it out of my check right??
If they terminate me for this reason, then that is illeagal right?

[JDDooley]

As a restaurant employer, may I charge for routine drycleaning of the mandatory uniform shirts that I have supplied at no cost to our server staff?

[Pattymd]

Originally Posted by andibear1

Thanks, response to insurance question: Well if there is no law that prevents this from happening, then there must not be law that prevents me from having to agree with it. So I should have the right to refuse to let them take it out of my check right??
If they terminate me for this reason, then that is illeagal right?

When you enrolled for the insurance, did you have to sign an authorization to deduct from your paycheck should this situation occur? Now, if you didn't, and you don't agree now, you won't have insurance. Is that what you really want? And, if this is a tax-preferred plan (IRC Section 125-pre-tax medical insurance) you can't just drop insurance for any old reason except during open enrollment.

I'm sorry, but the majority of employees pay a lot of money to have insurance coverage, even through employer plans. I don't think it's all that unreasonable to expect that you pay something should the company policy require that you do so?

[mlane58]

Originally Posted by JDDooley

As a restaurant employer, may I charge for routine drycleaning of the mandatory uniform shirts that I have supplied at no cost to our server staff?

That depends on what state you are in. Some do require the employer to pay for all cleaning even though the employer provides the uniforms at no charge.

[Pattymd]

Originally Posted by mlane58

That depends on what state you are in. Some do require the employer to pay for all cleaning even though the employer provides the uniforms at no charge.

And, can't the employer launder them him/herself? MLane, he/she posted in the Alabama forum, so I'm assuming the answer to your implied question would be, um, Alabama? (grin)

[JDDooley]

We are located in Alabama and are opening an upscale restaurant.
The problem with having our employee's launder their own uniform shirts is in the consistency of this method. Variations in self laundering include: wrinkles, fading due detergents and/or bleach, shrinkage due to drying, ect... Our point would be that if they are professionally laundered they would remain consistent in apprearance, last longer, and provide a more professional look than self-laundering.
Thanks for your input.

[Pattymd]

If you require they be professionally laundered, then I would think the right thing to do, whether or not the law requires it or not, is to pay for it.

[andibear1]

Originally Posted by Pattymd

When you enrolled for the insurance, did you have to sign an authorization to deduct from your paycheck should this situation occur? Now, if you didn't, and you don't agree now, you won't have insurance. Is that what you really want? And, if this is a tax-preferred plan (IRC Section 125-pre-tax medical insurance) you can't just drop insurance for any old reason except during open enrollment.

I'm sorry, but the majority of employees pay a lot of money to have insurance coverage, even through employer plans. I don't think it's all that unreasonable to expect that you pay something should the company policy require that you do so?

This just a basic PPO Plan thru BCBS, he is doing this to employees that already have Insurance, none of signed anything that says they can deduct any monies for this health plan for the reason of not putting 40 hours in. This plan was offered to us at full cost on the employer. If it is a family plan then all you pay if for the difference in premium for the family plan. Basically he is using our health plan to bully us to put in our 40 hours or you will pay for your insurance for the week. Which I understand he wants his employee to not take advantage & be here full time. But if something unexpected comes up & we have to be out for 2 or 4 hours & it is the last day of the pay period, then how can we make that up! so the because we are out 2-4 hours not only do we not get paid ( which is fine ) but we have to pay 64.00, so isnt he making money off of us!!

[mlane58]

Originally Posted by Pattymd

And, can't the employer launder them him/herself? MLane, he/she posted in the Alabama forum, so I'm assuming the answer to your implied question would be, um, Alabama? (grin)

Sorry about that, I am trying to juggle a blizzard with over 300 employees all wanting to go home OMG! I agree that the OP should really consider that the employer foot the bill for cleaning since they want them all done a certain way and dry cleaning can become expensive especially for those that are on the lower end of the pay scale. I can't find where Alabama even addresses uniforms.

[cbg]

JDooley, it really would have been better if you'd opened your own thread instead of tacking your question onto someone else's. I think you can see why; it's getting very confusing following what's going on.

[andibear1]

Originally Posted by cbg

JDooley, it really would have been better if you'd opened your own thread instead of tacking your question onto someone else's. I think you can see why; it's getting very confusing following what's going on.

I agree, this was my thread & now everytime someone replys to JDooly, I get the email!

Please start your own. This thread is important to me & I keep checking my email thinking its for me.

[andibear1]

Originally Posted by andibear1

We were informed by our employer that if we worked less than fourty hours & did not make it up by using vacation or working late, that we would be required to pay our health insurance for that week. So If I worked 38 hours, & did not have the chance to make it up or have any bebefits to use to make the time up, then I have to pay 64.00 for my insurance. Do I have to agree to this & is this legal? This was just a verbal policy, right now...

Also, Doesnt the employer have to pay for uniforms if they are the ones to require it? They are polo shirts with the company logo on it. They did pay for the logo, which was 24.00 for 5 shirts & 1 jacket. However we had to pay 100.00 for the shirts & jacket. Which have no use for outside of work.
Any thoughts?

Originally Posted by Pattymd

1. It's an administrative nightmare, but there is no law that prohibits it, to my knowledge.

2. That's iffy. I understand you "have no use for them" outside of work, but it's not uncommon to see people wearing their employer's logo'ed clothing on the street. And, if the logo was sewn on, you can remove it eventually (I've done that myself).

Originally Posted by andibear1

Thanks, response to insurance question: Well if there is no law that prevents this from happening, then there must not be law that prevents me from having to agree with it. So I should have the right to refuse to let them take it out of my check right??
If they terminate me for this reason, then that is illeagal right?

Originally Posted by Pattymd

When you enrolled for the insurance, did you have to sign an authorization to deduct from your paycheck should this situation occur? Now, if you didn't, and you don't agree now, you won't have insurance. Is that what you really want? And, if this is a tax-preferred plan (IRC Section 125-pre-tax medical insurance) you can't just drop insurance for any old reason except during open enrollment.

I'm sorry, but the majority of employees pay a lot of money to have insurance coverage, even through employer plans. I don't think it's all that unreasonable to expect that you pay something should the company policy require that you do so?

Originally Posted by andibear1

This just a basic PPO Plan thru BCBS, he is doing this to employees that already have Insurance, none of signed anything that says they can deduct any monies for this health plan for the reason of not putting 40 hours in. This plan was offered to us at full cost on the employer. If it is a family plan then all you pay if for the difference in premium for the family plan. Basically he is using our health plan to bully us to put in our 40 hours or you will pay for your insurance for the week. Which I understand he wants his employee to not take advantage & be here full time. But if something unexpected comes up & we have to be out for 2 or 4 hours & it is the last day of the pay period, then how can we make that up! so the because we are out 2-4 hours not only do we not get paid ( which is fine ) but we have to pay 64.00, so isnt he making money off of us!!

I am reposting all this so that yall can follow what was originally started.

Please add any additional thoughts.

Thanks
andibear1

[Pattymd]

In many states, if you didn't sign an authorization to have premiums deducted, it is would be an illegal deduction under that law. However, I could not find any Alabama law (and federal doesn't have one, either) that requires your written authorization to make deductions other than taxes and court-ordered deductions or tax levies. You can contact the state DIR to inquire of them directly, however.

Having said that, though, you WERE informed that such a deduction was possible. And the employer isn't required by law to offer "make-up" time. It is VERY rare these days for employers to pay the entire cost of medical benefits, even if just for the employee. Does the employer say you must "agree"? What form must your agreement take? Written specifically for this deduction, acknowledgement of employee handbook or other policy document stating the requirement, verbal? And what does your employer say will happen if you don't "agree"?

Honestly, many people pay hundreds of dollars per month for medical insurance through their employers, and many employers don't offer it at all. I'm not saying you may not have an argument (you might), but would you rather have no insurance at all?