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Thread: can they really do this????need help North Carolina

  1. #1
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    Default can they really do this????need help North Carolina

    Im really wonderin if my employer can do this and get away with it...I took a job about 3 years ago in which my starting pay was 13.00 an hour.....after about a year in a half my immediate supervisor pulled me into his office and stated that i was goin to have to take a paycut of 2.00 amd was told if i didnt like it there was the door and if i left it would be because i quit not because of being fired.....I had a baby on the way so i told them that i didnt agree but really what was my other options,he said there was no other options and that the deduction would not take affect until the next pay period,and if i told n e one that i would be released....this was on a Wednesday that i received the information,on the friday two days after I was told the info,I received my paystub and the deduction had already went in to affect and it was for 3.00 instead of 2.00.I went to my supervisor and he said it was his mistake what he had told me....no documentation or paperwork of any kind.No demotion i still do the same job,and when this happened an employee had just quit.
    Now there are tryin to pull another stunt.I work in aviation,and we go threw alot of engines and airplane parts everyday,Im the last person the engine goes to be for it goes to the customer,I take pics of the parts and load the engines on the trucks which are then shipped to customers.We had a phone call the other day(which this happens all the time)in which he said he was missing a part,we looked at the pics and found a pic of it in plane sight for the goin out pics,the customer said he didnt have it and wants us to buy a new one for him.My supervisor said in very short conversation that the part was such and such amount and that they would be taking so much out my check weekly,I replied no that will not happen,there was no forms givin to me and no bills.There have been many accidents in the facility and noone has ever had to pay anything back.can they take money out my check when i decline and have been givin no paperwork of any nature....and can there be something done about the money that has already been taken from my check since there was no documentation and was told something completely different that what was really goin on.........im in NC if that helps.....thanks please give advice asap

  2. #2
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    Not without your totally voluntary written authorization.
    http://www.nclabor.com/wh/fact%20she...from_wages.htm
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    so since they didnt give any kind of signed for for any deductions,does this mean that i can do something about the 3.00 they took from me.....it has been awhile since that happened they even told me a year later that they felt sorry for me and gave a dollar back....the reason i question all of this now is that my mother gave me the input to check into this.....as me bein stupid didnt know my rights....and was pretty threatened b/c i had another kid on the way......thanks

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    We need to be careful about definitions here. A "deduction" and changing the rate of pay are generally considered to legally be two very different things. Generally speaking, it is legal to change rate of pay on a go forward basis, assuming that the employer complied with state notification requirements (if any). And the state notification requirements (if any) apply to generally the current check only. There is no state that says if the employer fails to dot all "i"s and cross all "t"s, then the employer can NEVER reduce the rate of pay. If we are talking rate of pay only, then the check in play at the time of discussion only would be subject to this rule, assuming NC even has this rule. Changing rate of pay on a go forward basis is generally very legal in all 50 states, as long as minimum wage and overtime rules are followed. Worse, in a bad economy, such actions are very common, as well as very legal.

    Very legally unrelated to the change in future rate of pay, are deductions. That "missing part" question of yours is a deduction, and is what Patty's cite covered.
    "Reality is that which, when you stop believing in it, doesn't go away".
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  5. #5

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    You can file a wage claim with the DOL.

    They can change your payrate at anytime, as long as they let you know they are doing it...they just cant change the rate for hours you already worked. When you got your first paycheck that was $3 less and spoke to your boss you were essentially notified at that time that it would be $3 less. The check itself should have been $2 less for those hours since that is what you were told. Also, any hours worked during the pay period before you spoke to your boss should have been at the $2 less. Assuming you worked 40 hours that first week... you would only be entitled to $40 back. Its free to file a claim with the DOL.

    As for taking a deduction for the missing parts, if they do in fact make the deduction without your authorization you should also file a claim.

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    http://www.nclabor.com:80/wh/fact%20...ecomplaint.htm (NC DOL)

    From the above: "NOTE: We do not take wage payment complaints of $50 or less. And if your wage complaint deals with your last paycheck, you must wait 10 days after the payday in order to file a wage complaint with this office.

    For information on taking your own small claims action, please click on SMALL CLAIMS."
    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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    Hmm interesting... does the fed dol have the same requirement? or do employees have to go to their state dol?

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    The fed. DOL takes claims for unpaid min. wage & OT payments.
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    Quote Originally Posted by Betty3 View Post
    The fed. DOL takes claims for unpaid min. wage & OT payments.
    The employer told the OP that the pay cut would not take effect until their next paycheck but on the current paycheck they had already changed the OP's rate to $3 less per hour and that was also not told to the OP. The OP was told $2 less per hour.

    Seems to me the OP has a claim for that entire paycheck for $3 per hour back for all hours worked on that paycheck.

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    I was replying to sevenfortythree.

    If any pay was reduced on hrs. worked before the OP was told of the
    reduction, I agree that they should be paid at the rate before the reduction
    for those hrs.

    PS - My statement re the fed. DOL is correct.
    Last edited by Betty3; 08-26-2010 at 02:52 PM.
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    I was responding to the deduction from pay for the parts issue. I didn't realize the OP was asking for input on each issue separately.

    However, here is the fact sheet for reductions in pay in NC, and the claim for the difference for however long it occured, would be filed with the NC Dept. of Labor, since they are the one with the specific requirement.
    http://www.nclabor.com/wh/fact%20sheets/chwages.htm
    Last edited by Pattymd; 08-26-2010 at 04:42 PM.
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    Default Thank you

    thanks for the responces im assuming that i really cant do anything about the pay deduction considerin it was a year ago(just goes to show that I should have learned my rights earlier)The company I work for is treating alot of ppl wrong.....and not following federal regulations(FAA) and really feel like being taken advantage of.....as my supervisor calls me and tells me that if I dont work overtime then I dont need to come in.When I would have to leave at 5 to get my kids from the babysitter,as she drops them off at my home,then when my wife gets home they want me to come back......but when I tell him that I need to go at 5,he gives me alot of grief and threatens to fire,but he leaves at 230 to get his kids and isnt back till 330.......I asked him if i dont agree would he sign a piece of paper saying the reasoned that I was fired,he says no they would say I quit,as they are doing to another employee at the same time as me.There is alot of discrimination goin on as the presidents nephews and brothers and family are there(arabs)....and its really gettin to alot of ppl as we have no one to go to cayse his girlfriend is the head of our hr portion......I really dont know what to do....as I have 2 kids and really cant afford to be fired....as when the pay deduction happened I had to all of a sudden do more work......more work and less pay.........

  13. #13

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    Nothing you described in your last post is illegal. It is legal to favor certain employees (ie family members) and it is legal to require overtime. Your boss is not legally required to work the same hours as you.

  14. #14
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    Agree, based on your post, your employer is doing nothing illegal. All
    discrimination is not illegal. (only if you are discriminated against due to a
    reason prohibited by law - ie age, religion, gender ...)
    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

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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