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Fines imposed by tattoo parlor employer -- Arizona

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  • Fines imposed by tattoo parlor employer -- Arizona

    Greetings from Arizona. A quick question:
    Is it legal to fine/deduct from pay for (seemingly random?) things:

    $50 for not taking a note down when a telemarketer called
    $25 for not drawing a rose on a flash sheet
    $100 for not tattooing a customer when booked solid all night and no other artists in the shop
    $20 for "fixing" a tattoo that didn't need to be fixed (no complaint from client)
    etc.

    There is no contract or anything in writing describing any of these "rules"

    Many thanks.

  • #2
    It is probably not legal to fine the employee, in the way of a payroll deduction, for any of those things.

    It is, however, quite legal to fire the employee for any of them.
    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.

    Comment


    • #3
      An employer may not withhold or deduct any wages from an employee's paycheck, unless:
      required or empowered to do so by state or federal law,
      the employee has consented in writing, or
      there is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee.
      Arizona Rev. Stat. 23-352
      Cash Shortages; Breakage, Damage, or Loss of Property; Dishonored Checks
      An employer may deduct wages from an employee's paycheck only with written consent by the employee for the following:
      cash shortages
      breakage, damage, or loss of the employer's property
      dishonored or returned checks
      In accordance with federal law, an employer may not make deductions from an employees paycheck if it would cause the employee to earn less than federal minimum wage, including deductions for uniforms, tools, or other items necessary for employment with the employer. DOL Fact Sheet #16.
      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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      • #4
        Is it legal to fine the employee if it's not done via payroll deduction? i.e., "pay up or you're fired"?

        Comment


        • #5
          I'd have to check AZ law on that one.
          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.

          Comment


          • #6
            Agreed with the other answers. If we have a non-stupid employer, they would instead pay minimum wage with an optional performance based bonus, which is legal in all 50 states if done correctly.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment

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