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tired of required Pennsylvania

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  • tired of required Pennsylvania

    I work in a small business where some employees are paid hourly and others are strictly commission. We have monthly meetings held on off time which we are required to attend. We have an open house during off hours which we are required to attend. Recently notice was posted about another function to be held off hours and we are required to attend. We (neither the hourly or commissioned employees) are not paid for any of this. Is this legal? Also is it legal to withhold something from employees' pay if it is not recorded on the pay stub?

  • #2
    For the hourly employees, yes, it is illegal. Houly employees should generally be paid by the smallest increment that your timekeeping system records, and they must be paid for all time worked; however, fair and consistent rounding is permissible. You don't say what state you are in. Assuming that there is no state minimum wage law, an untipped hourly employee must make at least $5.85 per hour, and time a half for all time over forty hours in the workweek.

    For the commissioned employees, ASSUMING THAT THEIR PAY STRUCTURE IS LEGAL (if it's not, that is an entirely different thread), then yes, it is likely legal.

    With regards to the witholding from the paycheck, please expound a bit. I want to be sure I understand your question.

    Also, it would be helpful for us to know what state you are in.
    Last edited by bears00; 04-24-2008, 07:29 PM.

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    • #3
      The poster is in Pennsylvania. It says so in the subject heading.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Originally posted by cbg View Post
        The poster is in Pennsylvania. It says so in the subject heading.
        I can always count on you to make me feel ....well....LIKE THE DUMB BLONDE I AM!!!

        Since you are in Pennsylvania, the minimum wage is $7.15 per hour, with any hours over forty in a work week being paid at time and a half.

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        • #5
          Dear Bears00 - Thanks for the help. With regards to the paycheck withholding, it is a service charge (a percentage over and above our commission, so I can only assume that the hourly employees don't have it withheld). When we stated that we would like to have it listed on the stub, we were told there was no room on the stub.

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          • #6
            What is the withholding for?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              The withholding is a service charge to help cover the cost of supplies that we use. It is removed after our commission is calculated, but not noted anywhere on our pay stub.

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              • #8
                As it happens, the requirements for pay information in Pennsylvania apply only to farm workers and railroad workers. So the employer is not in violation by not showing the deduction on the pay stub.

                The deduction is then refunded when the commission is paid?
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  No the service charge is not refunded. Just a fancy way of lowering our commission rate a few extra percentage points. There was some discussion on whether it might be tax deductible as are the tools and supplies that our employer doesn't cover, but alas, even if it were... hard to deduct something that you can't see!

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                  • #10
                    Regarding the deduction, I've give the state Dept. of Labor and the Dept. of Revenue a call just to make sure this is OK. I do believe that if this is just a way to lower commission, 1) it should be in the commission agreement (DOL); 2) it should reduce your TAXABLE wages, not be deducted after taxes (DOR). BTW, #2 would be an advantage to the employer as well, because it would reduce the employer's share of FICA/Medicare taxes as well as yours.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      What kind of supplies? It does make a difference.

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                      • #12
                        Originally posted by bears00 View Post
                        What kind of supplies? It does make a difference.
                        Why do you think so? There is nothing in the wage payment law I know of that prohibits the employer from deducting from commissions for supplies used (petty as it may be).

                        Just to be clear, OP, this amount is deducted from NET pay (after-tax)?
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Originally posted by Pattymd View Post
                          There is nothing in the wage payment law I know of that prohibits the employer from deducting from commissions for supplies used (petty as it may be).
                          Not thinking of any wage payment law

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                          • #14
                            Thanks for all your help on this one - I actually missed the last three posts on this. If anyone remembers the discussion, the service charge is deducted before taxes (I think - since it doesn't show up on the pay stub, it's a little hard to tell). The supplies would be things that we use on clients( i.e. hair color, perms, shampoo etc..) But enough of that. Can an employer force employees to take part in a fund raiser for a charitable organization? It is held on off hours and has nothing even remotely to do with work. I am all for giving back to society, but would prefer to pick and choose when and where I give back, for instance through my church, etc. This woman is pressuring people to take part in this.

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                            • #15
                              Yes it can be required or encouraged.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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