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Employees Paying Fines

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gtzdad

Member
What is the name of your state (only U.S. law)? TX

My employer sent out a notice that they were going to start fining employees for policy violations, and when found in violation a notice would be sen to the employee via email, and the monies deducted from their next pay check. The only employer I know of that does that is military.

How can they do this legally? Can they just make this change to policy without us signing some type of agreement?
 


pattytx

Senior Member
And here is the Labor Code that regulates deductions from pay:

Sec. 61.018. DEDUCTION FROM WAGES. An employer may not withhold or divert any part of an employee's wages unless the employer:

(1) is ordered to do so by a court of competent jurisdiction;

(2) is authorized to do so by state or federal law; or

(3) has written authorization from the employee to deduct part of the wages for a lawful purpose.

Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.
CHAPTER 61. PAYMENT OF WAGES
 

gtzdad

Member
Okay cool. What about the matter of fining us period? That sounds a little over the top as a way to discipline employees to me.
 

dolebot

Member
Does a remedy clause exist? (i.e. can you sue based on this). Thats Texas law it looks like. You lucky duck, they CAN do this if Florida - as long as it doesn't dip you below minimum wage.
 

pattytx

Senior Member
I'm thinking "diversion of wages" (if you're talking about them requiring you to pay out of pocket), but I couldn't find anything in that same Labor Code regarding that. Try calling the Texas Workforce Commission and see what they say. In some states, requiring such cash "payment" is the same thing as deducting from the paycheck.

And I agree, it's terrible management even if it ISN'T illegal. There are much more creative ways, this employer sounds lazy. Or not so creative, as in "your services are no longer required".
 

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