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az- pay deduction

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  • az- pay deduction

    My husband has worked for walmart for 2 years. He transferred to his current store 9 months ago at $11.40, this past months they realized that he should only be making 8.50/hr which is the same for all others starting at his position. Since this is their mistake and he's been making this pay, he feels that they should not be able to deduct $3/hr at this time. Can you offer any advice? Thanks, Kacey

  • #2
    It doesn't make any difference who's mistake it was. If your husband was actually overpaid, the company has a right to demand the money back. This is nearly a $3/hour difference. Didn't your husband look at his pay stub and realize he was being overpaid? What did they tell him his hourly rate was going to be?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      when he signed his transfer form, they wrote that he would be making 11.40 from the very beginning. It would be the same as a new employee signing the form for how much they would be making. If he signed and acknowledged his pay, I don't understand how they can change that now.

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      • #4
        OK, then that may be different. They committed to a certain pay rate, in writing. And apparently, they committed in error. But, to my knowledge, that does not invalidate the fact that they stated, in writing, $11.40 and your husband acknowledged that he would work for that rate.

        This from the state DOL website FAQs:
        An employer may only withhold an employee’s wages when the employer is required by state or federal law, the employer has the employee’s prior written authorization, or there is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim, reimbursement, recoupment or set-off asserted by the employer.
        The problematic statement that I would see here is that there conceivably is a "good faith dispute" here. Of course, they can lower his rate at any time, and in most states, the employee must be notified before the hours at the lower rate are worked, although I could not find anything in the AZ law that addressed this specifically.

        You may want to contact the state Dept. of Labor to explain your husband's exact circumstances and see what they say.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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