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Payroll Deductions Ohio

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  • Payroll Deductions Ohio

    The company I work for just gave out forms to be signed by their employees. Stating that they will payroll deduct $25.00 cash from our paychecks, for failed quality control. Then in some circumstances will also take all revenue from employee from failed (quality control) job/s. Basically I do cable installs, about 6 houses a day. Say if I forget to put a address tag on a line, I automatically get charged $25.00 cash and maybe all revenue from said job. Which in most circumtances is me paying the company to perform work for them. Was told to sign the form or you'll willfully resign your position, because I cannot follow company guide lines. Is this legal to take my pay? without any other actions what so ever?

  • #2
    This is going to be a soft answer. Ohio is not my state and I have no idea what rules (if any) Ohio has on this subject. Looking at federal rules only, the federal rules in this area are very soft (see webpointer below). I can see how an argument could be made that this falls under the "for the convience of the employer" rule, assuming that MW and OT rules are still followed. Absent a CBA or contract, federal rules do not really care what the employee is paid as long as MW and OT rules are followed and advanced notification of the pay rates is followed. If Bob normally makes $10/hr, arguably Bob can have his pay rate reduced to anything above MW as long as advance notification occurs. It seems that maybe what you describe could be legal if done correctly (subject to MW and OT rules).

    http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm

    The one concern I do have under the "for the convience of the employer" rule is that we are not talking about actual damages but more like a fine. The federal rules on recovery (regulations in the 29 CFR 531.xxx range) are very poorly written, and the examples tend to talk about reductions in pay for actual damages.

    I do know that if I were the one writing your pay plan, I would instead pay you MW and give you an optional bonus if the quality of the work is acceptable. I really dislike using the "531" regulations and would much rather structure the pay plan in such a way as to minimize potential legal difficulties down stream.
    Last edited by DAW; 11-19-2007, 07:17 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      The only info I have on Ohio paycheck deductions is: Employees may authorize deductions from their paychecks. Employers become the trustees for any deducted funds & must forward them to the authorized recipient within 30 days. Employers & employees may agree to deductions for wares, tools, or machinery damaged by employees, but employees must specifically authorize any deduction. Employers can't make that type of ded. from employees younger than 18.
      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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