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Final Check Deductions Ohio

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  • Final Check Deductions Ohio

    A hourly employee was recently terminated in the state of Ohio. As an employee of a property management company, he was given the opportunity to live at the property at a reduced rent rate (50%). He has been late on his rent the entire time he has been employed for us, regardless if it has validity or not to this matter. My dilemas: He has been terminated. We only owe him 16 working hours for this paycycle. He also took 3 days of bereavement last payroll, but we did not pay him for it yet - because he just now provided us with proof the bereavement existed- which is another 24 hours, for a total of 40 hours owed. So here's the questions:

    1. I will be including his 24 hours of bereavement + 16 hours of work time in his last paycheck as hours owed to him. Can I deduct the rent that he owes to the company from his last check? The amount he owes is more then what we owe him. A Difference of about $500, which I assume we would eventually have to send to collections.
    2. If we can take the deduction, do I have to make sure he is still receiving minimum wage? And if so, do I take into consideration the 24 hours of bereavment time? Since it is not actual hours worked, my assumption is that we would just calculate minimum wage based on the 16 hours he worked. Right? Then, the company would get to keep the bereavement hours and apply it to the back rent owed. Confusing, I know.
    ANY help you can provide ASAP would be very helpful.

    Thank you so much!
    Confused HR Manager in AZ
    "Live Well, Laugh Often, Love Much"

  • #2
    Ohio is not my state and I do not know it's laws (if any). I can speak to the releated federal rules (see below). Arguably the employer is required to pay minimum wage for hours worked and paid overtime (if any). Bereavement pay is not hours worked.

    http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks!

      That confirmed my original thoughts. Thank you very much!!
      N
      "Live Well, Laugh Often, Love Much"

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      • #4
        My research shows that Ohio law is silent on this issue (as it is for most wage/hour and wage payment issues).
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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