Alex Is it legal for my employer to dock my paycheck?
Their ability to legally do this depends in large part on whether you are an hourly or salaried employee. If you are paid hourly, then it is pretty easy for your employer to dock your paycheck, although some states require an employee to give written consent to the deduction first.
Can a employer dock an employee’s pay in Ontario?
We spoke to Matthew E. McCarthy, an associate at Ogletree Deakins, who explained how and when an employer can dock a worker’s salary – and when they legally cannot. “In Ontario, generally speaking, the legislation and the case law tell us there are three big headings under which deductions are legally permissible,” explained McCarthy.
Can a person be docked pay for being late?
Without such specific provisions, any additional docking of pay for you being late would amount to an “unlawful deduction from wages” for which you have statutory protection under the Employment Rights Act 1996. An unlawful deduction in breach of statute would entitle a worker to bring an employment tribunal claim in respect of unpaid sums.
Can a employer dock my pay on trivial grounds?
Many workers feel undervalued when their employers seek to dock their wages on trivial grounds, even if the right is reserved in their contract of employment. Knowing about your employment rights will clearly be beneficial, but of prime importance will doubtless be the hope your employer will not act oppressively in the first place.
Their ability to legally do this depends in large part on whether you are an hourly or salaried employee. If you are paid hourly, then it is pretty easy for your employer to dock your paycheck, although some states require an employee to give written consent to the deduction first.
Without such specific provisions, any additional docking of pay for you being late would amount to an “unlawful deduction from wages” for which you have statutory protection under the Employment Rights Act 1996. An unlawful deduction in breach of statute would entitle a worker to bring an employment tribunal claim in respect of unpaid sums.
What happens if my paycheck is docked for subpar performance?
Therefore, if your paycheck is docked for subpar performance, you would no longer be considered a salaried employee, and would be eligible to collect overtime. However, this does not apply to paycheck deductions that are a result of violating an important company safety rule. Should I Contact an Attorney?
How to create a safe harbor pay docking policy?
For a sample pay docking policy that will help your company navigate the safe harbor, see Create Your Own Employee Handbook, by Lisa Guerin and Amy DelPo (Nolo). Need a lawyer? Start here. Please select…