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Uniform deposit and temporary wage reduction Pennsylvania

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  • ctlovesred
    replied
    Originally posted by Texas709
    At the risk of drawing the censure of cbg, I will state flatly:

    There is no red this weekend. That is the color of Ohio State, and Choke-lahoma University, and it is not allowed.

    The color du jour, and forever, is Burnt Orange.

    HOOK 'EM HORNS!!!
    It is always the Texans, isn't it...

    My mother is a Longhorn, as are all of her family members. I'm a Penn State fan (if I don't want to be tarred and feathered at work), but I was flying high after that unbelievable Rose Bowl last year. Proud to be half-Texan that night, let me tell you!

    Leave a comment:


  • Texas709
    replied
    No, No, No!

    Originally posted by Pattymd
    Like, um, RED?
    At the risk of drawing the censure of cbg, I will state flatly:

    There is no red this weekend. That is the color of Ohio State, and Choke-lahoma University, and it is not allowed.

    The color du jour, and forever, is Burnt Orange.

    HOOK 'EM HORNS!!!
    Last edited by Texas709; 09-08-2006, 08:29 AM.

    Leave a comment:


  • ctlovesred
    replied
    Originally posted by Pattymd
    Like, um, RED?
    You're not a Senior Member for nothing!

    Leave a comment:


  • Pattymd
    replied
    Originally posted by ctlovesred
    Maybe if the uniforms sported a slightly more sexy combination of colors...
    Like, um, RED?

    Leave a comment:


  • ctlovesred
    replied
    Good idea. The first one, I mean.

    Maybe if the uniforms sported a slightly more sexy combination of colors...

    Leave a comment:


  • Pattymd
    replied
    No problem. The first way that comes to mind is that you could design your vacation policy so that failure to return all company property at termination means that they would forfeit any vacation payout, assuming your policy provides for that; it wouldn't be a violation of PA law to have a policy like that.

    Or, hey, you could always sue 'em.

    Leave a comment:


  • ctlovesred
    replied
    Yeah, I figured as much. Worth a shot anyway.

    Thanks for the reply.

    Leave a comment:


  • Pattymd
    replied
    #1. That's a REAL stretch; it's just not enough of a causal relationship, in my opinion and, if I may be so bold, it wouldn't be in the state DOL's eyes either. "For the benefit of the employee" would be for insurance or union dues.

    Leave a comment:


  • ctlovesred
    replied
    Thank you for the clarificatin.

    Leave a comment:


  • cbg
    replied
    I'll let Patty and/or Scott answer #1.

    As for #2, no, the employees most emphatically do not have to authorize the salary/wage reduction. You need to notify them, in advance. But they don't have to give you permission - as long as they don't have a contract that guarantees them the higher wage.

    Leave a comment:


  • ctlovesred
    replied
    Thanks for both of your replies.

    1. Pattymd--I read the link you attached, but I don't quite understand what "for the benefit of the employee" means. Are there explanations available? Could the employer spin it in such a way as to make it seem like a benefit? I.e., "we keep this deposit so that people return the uniforms, because if they dont return them we get charged back by our client, and that reduces our operating budget for your station, and that means lower wages and possibly layoffs."

    Is there any other way to legally pressure ex-employees to return equipment and uniforms that are worth more than $200?

    2. Do the employees have to authorize the salary/wage reductions, or can the employer merely notify them of the reduction?

    Leave a comment:


  • ScottB
    replied
    I can't say about PA, but

    #1 is legal under Federal law (and the laws in my state). We do just that with security guards and their uniforms, so long as the deduction does not put them below minimum wage. We used to take a flat rate per week, but that has the potential of putting the employee below minimum wage, if they don't have many hours worked, so we charge a deduction per hour.

    #2 is legal, but a very bad sign. Look for other signs of demise of the company, such as bounced paychecks or an increased amount of time from the end of the pay period to the pay date.

    Leave a comment:


  • Pattymd
    replied
    1. I wouldn't go there. This is a contingency deduction and, frankly, if I were the employee, I wouldn't authorize this deduction. If I did, I would expect that the employer would pay interest when the amount was refunded. Plus, this is not "to the benefit of the employee".

    The thing to remember regarding deductions from your paycheck is that you must give written authorization to your employer to make such non-tax related deductions. It is not valid to sign a "blanket" authorization at the time of hire to cover any future deductions. Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be to the benefit of the employee.
    http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|#12

    2. Salary decreases are perfectly legal in your state as long as the advance notice is given BEFORE the hours are worked at the lower rate and the rate does not go below the minimum wage (for nonexempt employees) or $455/wk (for exempt employees; otherwise, the exemption is lost for any week they don't make the minimum weekly salary amount).

    Leave a comment:


  • Uniform deposit and temporary wage reduction Pennsylvania

    2 questions

    1. Can an employer deduct a small amount from its employee's paychecks over a few months' time as a deposit in case uniforms are not returned when the employee quits or is fired? The deduction wouldn't drop anyone's wages below minimum wage, and everyone would sign a disclosure and waiver before any money would be deducted. The amount would be returned in full when all the pieces of equipment are returned, and debited only the true cost of the equipment not returned.

    2. Can an employer temporarily reduce every employee's paycheck by a small percentage if the employer is having cash flow problems? For example, reduce my paycheck (and everyone else's) by 10% for a single pay period to get back on top of mounting bills?

    Thanks.
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