Shady new policy

striker · Apr 21, 2016

It's funny the number of posters who apparently didn't bother to read this post, it is legal for the company to do it. Is it morally right, that's a whole different discussion, does the driver have some responsibility, yep.

mje said: ↑

Illegal Payroll Deductions- Can’t You Just Take it Out of Their Check?

The situation comes from clients in many different forms.

An employee has damaged property – can I take the cost of repairs out of his paycheck?

My cashier was short in her register – can I deduct the shortage from her next check?

A salaried manager keeps taking off work – can I pro rate his salary? And in typical lawyer fashion, the answer is often “It depends”. The following will review federal and state law of when an employer can, and cannot, deduct wages from an employee’s paycheck.

Federal Law – When the employee in question is a non-exempt employee, the general rule under Fair Labor Standards Act (FLSA) is that an employer may make deductions from an employee’s wages for things such as property damage, cash shortages, tools, required uniforms, etc., so long as the deduction does not take the employee below minimum wage for the workweek.

Often an employer will advance an employee’s wages or offer the employee a loan. An employer may deduct an advance or loan principal from an employee’s wages below minimum wage. However, if the employer charges interest on a loan, the employer cannot deduct an employee’s wages below minimum wage for interest on the loan.

An employer may make these deductions as described in non-overtime weeks; however, special rules apply if the employee worked overtime during the week. If the employee worked overtime during the week that the employer wishes to make a deduction, the deduction must be in accordance with an agreement between the employer and employee reached before the employee performs any work that week. The agreement must be specific as to what will be deducted and how the deduction will be determined. Also, the deductions must be bona fide, meaning not in violation of state law and cannot be above the reasonable cost to the employer. Finally for deductions in overtime weeks, overtime must be determined using the employee’s regular rate prior to any deduction being made.

For example, if the employee’s normal rate of pay is $10/hour and a deduction will reduce the employee to $8/hr, overtime compensation is based on $10/hour. Deductions from wages in overtime weeks must also not be a device to evade the FLSA’s overtime requirements.

If the employee is a salaried, exempt employee, that employee must receive his or her full salary for any workweek in which the employee performs work for the employer and cannot be reduced based on the quality or quantity of work. A salaried, exempt employee does not have to be paid for the workweek if he or she performs no work during the week.

Deductions to a salaried, exempt employee can be made under the following circumstances:

Full Day Absences for Personal Reasons. If an employee is absent from work for one or more full daysbecause of personal reasons, other than sickness or disability, an employer may deduct from the employee’s salary on a full-day basis. An employer cannot make deductions for a partial day absence.

Full Day Absences for Sickness or Disability. If an employee is absent from work for one or more full days due to sickness or disability, deductions may be made according to a bona fide plan, policy, or practice of providing compensation for these types of absences, i.e., PTO time. An employer may deduct from the employee’s salary prior to the employee becoming eligible under the plan or after the employee has exhausted all of the paid time allowed under the plan. Partial day deductions are not permitted.

FMLA Leave. An employer may deduct a pro rata portion of an employee’s salary while on FMLA leave.

Jury Duty, Witness Appearances, Temporary Military Leave. An employer may deduct from an employee’s salary to offset amounts received as payment for jury fees, witness fees or military pay.

Violation of Major Safety Rule. If an employee violates a safety rule of “major significance,” the employer may impose a salary deduction as a penalty against the employee. “Major significance” relates to the prevention of serious danger to the workplace or other employees.

Disciplinary Suspensions. If an employee is suspended for violating a rule relating to workplace conduct, other than a rule relating to performance or attendance, an employer may make full day deductions for days the employee is suspended.

Initial and Final Weeks of Employment. An employer may pay a pro rata portion of the employee’s salary for time actually worked if the employee begins or ends employment in the middle of a workweek. Failure to pay the exempt employee’s full salary can result in the loss of the exemption for not only the employee who had his or her salary reduced, but for all other employees in that job classification during the time period where the improper deduction(s) was made. However, an employer will not lose the exemption for an isolated or inadvertent deduction so long as the employee is reimbursed.

Laws Regarding Payroll Deductions in the Mid-South
Tennessee-

While Tennessee has no specific law governing deductions from an employee’s paycheck, the Tennessee Department of Labor takes the position that no deduction (except for taxes, etc.) may be made from an employee’s wages unless the employee has consented to the deduction in writing. So although an employer may make deductions up to minimum wage under federal law, Tennessee law requires that the employee agree to the deduction in writing prior to the deduction being made.

Mississippi-

Mississippi does not have anyspecific law regarding deductions from an employee’s paycheck or whether an employee must provide written consent prior to any deduction, leaving employers to comply only federal law. However, MS Code §71-1-35 requires that employers with more than 50 employees pay non-exempt employees their full wages at least twice monthly; therefore, it would be a good practice for employers to obtain written consent prior to making any deductions.

Arkansas–

Like Mississippi, Arkansas has no specific law on deductions from an employee’s wages beyond the federal
restrictions. It is still nevertheless advisable to obtain written consent prior to making any deductions.

Contributor- Charles W. Cavagnaro ,jr .
Click to expand...

superflow · Apr 22, 2016

GenericUserName said: ↑

Youre so loyal to people who want to rob you blind.

Makes sense bro.
Click to expand...

LOL....
Not exactly loyal to these people because I didn't run away from them immediately after announcing this
... Sometimes it's better to be "dumb as a fox" or "fly under the radar"

superflow · Apr 22, 2016

striker said: ↑

It's funny the number of posters who apparently didn't bother to read this post, it is legal for the company to do it. Is it morally right, that's a whole different discussion, does the driver have some responsibility, yep.
Click to expand...

Not so fast...
This is another can of worms
The CSA system effects the driver and the company no matter who's at fault
... Example :
Driver writes up a bad tire every day for two months , then gets nailed for it... Who should be held accountable?

Skate-Board · Apr 22, 2016

striker said: ↑

It's funny the number of posters who apparently didn't bother to read this post, it is legal for the company to do it. Is it morally right, that's a whole different discussion, does the driver have some responsibility, yep.
Click to expand...

That's just another website. Just cause it's on the Internets doesn't mean it's correct. I found a site that says @bullhaulerswife is an alien from another planet here to extract endorphin's from truckers brains before heading back the planet Ubangme

Lepton1 · Apr 22, 2016

Skate-Board said: ↑

That's just another website. Just cause it's on the Internets doesn't mean it's correct. I found a site that says @bullhaulerswife is an alien from another planet here to extract endorphin's from truckers brains before heading back the planet Ubangme
Click to expand...

Well at least SOMEBODY is reading my posts on that other forum.

Retired2015 · Apr 22, 2016

mje said: ↑

Illegal Payroll Deductions- Can’t You Just Take it Out of Their Check?

The situation comes from clients in many different forms.

An employee has damaged property – can I take the cost of repairs out of his paycheck?

My cashier was short in her register – can I deduct the shortage from her next check?

A salaried manager keeps taking off work – can I pro rate his salary? And in typical lawyer fashion, the answer is often “It depends”. The following will review federal and state law of when an employer can, and cannot, deduct wages from an employee’s paycheck.

Federal Law – When the employee in question is a non-exempt employee, the general rule under Fair Labor Standards Act (FLSA) is that an employer may make deductions from an employee’s wages for things such as property damage, cash shortages, tools, required uniforms, etc., so long as the deduction does not take the employee below minimum wage for the workweek.

Often an employer will advance an employee’s wages or offer the employee a loan. An employer may deduct an advance or loan principal from an employee’s wages below minimum wage. However, if the employer charges interest on a loan, the employer cannot deduct an employee’s wages below minimum wage for interest on the loan.

An employer may make these deductions as described in non-overtime weeks; however, special rules apply if the employee worked overtime during the week. If the employee worked overtime during the week that the employer wishes to make a deduction, the deduction must be in accordance with an agreement between the employer and employee reached before the employee performs any work that week. The agreement must be specific as to what will be deducted and how the deduction will be determined. Also, the deductions must be bona fide, meaning not in violation of state law and cannot be above the reasonable cost to the employer. Finally for deductions in overtime weeks, overtime must be determined using the employee’s regular rate prior to any deduction being made.

For example, if the employee’s normal rate of pay is $10/hour and a deduction will reduce the employee to $8/hr, overtime compensation is based on $10/hour. Deductions from wages in overtime weeks must also not be a device to evade the FLSA’s overtime requirements.

If the employee is a salaried, exempt employee, that employee must receive his or her full salary for any workweek in which the employee performs work for the employer and cannot be reduced based on the quality or quantity of work. A salaried, exempt employee does not have to be paid for the workweek if he or she performs no work during the week.

Deductions to a salaried, exempt employee can be made under the following circumstances:

Full Day Absences for Personal Reasons. If an employee is absent from work for one or more full daysbecause of personal reasons, other than sickness or disability, an employer may deduct from the employee’s salary on a full-day basis. An employer cannot make deductions for a partial day absence.

Full Day Absences for Sickness or Disability. If an employee is absent from work for one or more full days due to sickness or disability, deductions may be made according to a bona fide plan, policy, or practice of providing compensation for these types of absences, i.e., PTO time. An employer may deduct from the employee’s salary prior to the employee becoming eligible under the plan or after the employee has exhausted all of the paid time allowed under the plan. Partial day deductions are not permitted.

FMLA Leave. An employer may deduct a pro rata portion of an employee’s salary while on FMLA leave.

Jury Duty, Witness Appearances, Temporary Military Leave. An employer may deduct from an employee’s salary to offset amounts received as payment for jury fees, witness fees or military pay.

Violation of Major Safety Rule. If an employee violates a safety rule of “major significance,” the employer may impose a salary deduction as a penalty against the employee. “Major significance” relates to the prevention of serious danger to the workplace or other employees.

Disciplinary Suspensions. If an employee is suspended for violating a rule relating to workplace conduct, other than a rule relating to performance or attendance, an employer may make full day deductions for days the employee is suspended.

Initial and Final Weeks of Employment. An employer may pay a pro rata portion of the employee’s salary for time actually worked if the employee begins or ends employment in the middle of a workweek. Failure to pay the exempt employee’s full salary can result in the loss of the exemption for not only the employee who had his or her salary reduced, but for all other employees in that job classification during the time period where the improper deduction(s) was made. However, an employer will not lose the exemption for an isolated or inadvertent deduction so long as the employee is reimbursed.

Laws Regarding Payroll Deductions in the Mid-South
Tennessee-

While Tennessee has no specific law governing deductions from an employee’s paycheck, the Tennessee Department of Labor takes the position that no deduction (except for taxes, etc.) may be made from an employee’s wages unless the employee has consented to the deduction in writing. So although an employer may make deductions up to minimum wage under federal law, Tennessee law requires that the employee agree to the deduction in writing prior to the deduction being made.

Mississippi-

Mississippi does not have anyspecific law regarding deductions from an employee’s paycheck or whether an employee must provide written consent prior to any deduction, leaving employers to comply only federal law. However, MS Code §71-1-35 requires that employers with more than 50 employees pay non-exempt employees their full wages at least twice monthly; therefore, it would be a good practice for employers to obtain written consent prior to making any deductions.

Arkansas–

Like Mississippi, Arkansas has no specific law on deductions from an employee’s wages beyond the federal
restrictions. It is still nevertheless advisable to obtain written consent prior to making any deductions.

Contributor- Charles W. Cavagnaro ,jr .
Click to expand...

According to this, it would seem "Legal" but according to my rules and regulations, it would only happen once then Id be gone.

bullhaulerswife · Apr 22, 2016

I put a brain deposit at the door. @Skate-Board For your convenience.

Skate-Board · Apr 22, 2016

striker · Apr 22, 2016

superflow said: ↑

Not so fast...
This is another can of worms
The CSA system effects the driver and the company no matter who's at fault
... Example :
Driver writes up a bad tire every day for two months , then gets nailed for it... Who should be held accountable?
Click to expand...

Both, the company for not fixing it, the driver for willingly hauling it.

striker · Apr 22, 2016

Skate-Board said: ↑

That's just another website. Just cause it's on the Internets doesn't mean it's correct. I found a site that says @bullhaulerswife is an alien from another planet here to extract endorphin's from truckers brains before heading back the planet Ubangme
Click to expand...

I saw that site also, wasn't sure if it was true or a lie

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