Q: How long does an employer have to explain calculations for docking pay?
My employer has decided to dock my pay. I am a salaried employee and have formally asked for the calculations and for the total sum to be docked, but I have received no answer. So far, 3 checks have been docked. I formally asked one week ago. How long do I have to wait before they are in violation of the law or is there no law covering this issue?
NY has a law called the wage theft prevention act (WTPA) which requires employers to give written notice of wage rates to each new hire and prior to a change in the rate. In particular, notice is not required where there is an increase in a rate and the new rate is shown on the next payment of wages. For any reduction of wage rate, an employee must be notified in writing prior to the reduction being implemented. Employers in the hospitality industry currently need to give a new notice every time a wage rate changes.
1) Wage statements must contain the following: https://labor.ny.gov/formsdocs/wp/LS49.pdf
2) Frequently asked questions on the WTPA https://www.labor.ny.gov/workerprotection/laborstandards/PDFs/wage-theft-prevention-act-faq.pdf
3) Notice requirements: https://labor.ny.gov/workerprotection/laborstandards/employer/wage-theft-prevention-act.shtm
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What does that mean? Docked? You are entitled to be paid a salary and New York Labor Laws mandate that you be provided with notice of any deductions to your compensation - either annually or prior to their occurrence.
Has your employer made you an hourly employee now? Maybe. Or maybe you should have been paid hourly plus overtime all along?
You need to consult with an employment law attorney. Your employer can not have it both ways. If you are or were salary then your duties better confirm that you have the responsibility which is commensurate with a salaried employee. No matter what they call you if your duties or responsibilities, education, or position do not rise to salary level your employer could owe you up to 6 years of back wages for unpaid overtime inclusive of your own attorneys' fees, liquidated damages - assuming such facts applied to you and could be proven.
Bring your pay stubs and job description to an employment lawyer for review. Is your employer doing the same to others? There could be a potential collective action for unpaid wages.
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Generally, in New York state, no employer can make deductions from the wages of an employee, except deductions made in accordance with the provisions of any law or any rule or regulation issued by any governmental agency, collective bargaining agreement, to recover an overpayment of wages due to mathematical or clerical error, or when expressly authorized in writing by the employee and for the benefit of the employee.
There is no time limit an employee is required to wait prior to taking action to recover the relevant wages. Based on the limited facts supplied you should contact an employment attorney and take action.
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