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Worked a full week but no pay Virginia

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  • Worked a full week but no pay Virginia

    My husband worked for a company as a driver. He sometimes got paid by the hour and sometimes according to how much weight he had to move. He and the employer decided to part ways and so he went to get his check the following week to retreive his pay check they told him he had no pay check because their were claims against him. They did not state what those claims were nor did they provide to him any type of paystub or document itemizing what claims they were. He does move furniture too but he does not do it alone. Can they do this? What steps do we need to take regarding this as he had to go to them several times regarding incorrect pay.

  • #2
    Not my state, so this will be a soft answer. It is legally very difficult for an employer to not pay at least minimum wage. I can cite the federal rules on this. I have no idea what the VA rules are, other then they (VA) probably have some and those rules are likely to be more pro-employee then the federal rules. Perhaps another responder can address this.

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

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    • #3
      Our company driver's sign a contract upon hire in regards to claims, damages and so forth. If they are the Van Operator, in our company, they are the lead on the job and they are responsible. If we receive a claim on a driver, we deduct from pay PER THE CONTRACT.

      Now with saying that, we ALWAYS give a driver their settlement sheets. Regardless if they are in the hole or made money.

      Did your husband sign any type of employment contract? Had this employer taken money our for claims in the past? Had your hubby signed an authorization for the money to be deducted?
      Amateurs built the Ark, Professionals built the Titanic

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      • #4
        While this question is worth asking, just to be clear, the employee's signing a deduction authorization is not a federal requirement. Arguably even with the signed deduction agreement the employee could still legally argue a federal minimum wage violation under the FLSA since the type of deduction we are talking about is a "for the benefit of the employer" type of deduction even with the employee's agreement, and the employee cannot legally waive minimum wage or overtime requirements.

        Some states do require this, and VA may indeed be a state that does. And it is arguably worth doing even if not a hard legal requirement.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Va. code 40.1-29(c)&(d) wage deductions:

          C. No employer shall withhold any part of the wages or salaries of any employee except for payroll, wage or withholding taxes or in accordance with law, without the written and signed authorization of the employee. An employer, upon request of his employee, shall furnish the latter a written statement of the gross wages earned by the employee during any pay period and the amount and purpose of any deductions therefrom.

          D. No employer shall require any employee, except executive personnel, to sign any contract or agreement which provides for the forfeiture of the employee's wages for time worked as a condition of employment or the continuance therein, except as otherwise provided by law.
          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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