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holding all or part of pay check {state of Ohio

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  • holding all or part of pay check {state of Ohio

    Can an employer in the state of ohio hold all or any part of an employee pay check for damage to Equipment?

  • #2
    Deduction for Repair of Equipment

    State law says:

    ยง 4113.19. Payment in scrip prohibited at higher prices; deductions from wages prohibited. No person shall sell goods or supplies to his employee, or pay such employee wages or a part thereof in goods or supplies, directly or through the intervention of scrip, orders, or other evidence of indebtedness, at higher prices than the reasonable or current market value in cash of such goods or supplies, or, without an express contract with his employee, deduct or retain the wages of such employee, or a part thereof, for wares, tools, or machinery destroyed or damaged.

    In a nutshell, federal law and Ohio does permit deductions, as long as the deduction doesn't bring the person below minimum wage. This needs to be done with the acknowledgement of the employee. Employers in Ohio can notify the employee at the time of hire and have them sign off on the deduction should the damage be incurred. It doesn't expressly require the acknowledgement to be in the form of a written agreement between the employer and the employee. However, that is recommended. (NOTE: This isn't true in all states...some states have more stringent requirements.)
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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