Unauthorized Deductions from Final Pay - NJ

[HRforme]

It is very possible that something was signed at the time the course was taken - is he absolutely sure? In not and anything IS deducted, I'd ask them for a copy of whatever they have that they say he signed.

But I'm not seeing anything here : https://www.nj.gov/labor/wageandhour/assets/PDFs/Employer Poster Packet/mw-17.pdf that allows for it UNLESS he signed an employer loan that is forgiven over time.

 

[quincy]

GottaGo’s husband is expecting his final paycheck tomorrow. Perhaps we will learn soon whether any questionable deductions were made that require further action.

 

[GottaGo]

Hello! I have an update.
My husband's prior company removed his access to ADP, which is where he would access his paystubs and W2, so when he got paid last Friday he had to ask them to mail a stub to our home.
The paystub arrived yesterday and instead of directly deducting the expenses they reduced his hourly rate by quite a bit. There is also an 'Important Note' indicating that there were several base pay deductions.

I wasn't expecting this. A line item deduction, yes, but an hourly rate reduction? They're slick.

 

[GottaGo]

I just read on the ADP site 'Your payroll information belongs to your former employer and ADP is not able to provide you with this information without their direction.'
But I'm hoping that he's still entitled to these records. Ugh.

 

[quincy]

I just read on the ADP site 'Your payroll information belongs to your former employer and ADP is not able to provide you with this information without their direction.'
But I'm hoping that he's still entitled to these records. Ugh.

Hello! I have an update.
My husband's prior company removed his access to ADP, which is where he would access his paystubs and W2, so when he got paid last Friday he had to ask them to mail a stub to our home.
The paystub arrived yesterday and instead of directly deducting the expenses they reduced his hourly rate by quite a bit. There is also an 'Important Note' indicating that there were several base pay deductions.

I wasn't expecting this. A line item deduction, yes, but an hourly rate reduction? They're slick.

Your husband should ask his former employer for a detailed list of the deductions made to his pay and an explanation for the pay rate reduction. If the employer refuses to provide this information, your husband probably will want to have an attorney in your area personally review the deductions made by the employer, if the pay is significantly lower than it should be and your husband wants to pursue the matter.

Good luck.

 

[bcr229]

Hello! I have an update.
My husband's prior company removed his access to ADP, which is where he would access his paystubs and W2, so when he got paid last Friday he had to ask them to mail a stub to our home.
The paystub arrived yesterday and instead of directly deducting the expenses they reduced his hourly rate by quite a bit. There is also an 'Important Note' indicating that there were several base pay deductions.

I wasn't expecting this. A line item deduction, yes, but an hourly rate reduction? They're slick.

https://nj.gov/labor/wageandhour/support/faqs/wageandhourworkerfaqs.shtml

Under the "Minimum Wage / Rate of Pay" section:

Q. Is the employer allowed to reduce my rate of pay?

A. Yes. The employer can reduce your rate of pay as long as you are given advance notice of the reduction. The reduction cannot be made retroactively for any time worked. Also, the reduction cannot bring the rate of pay below minimum wage.

Was your husband given advance notice of the wage rate reduction? Also, was your husband's PTO/vacation time paid out? If so I'm assuming that was also at the reduced rate.

Personally I'd file a wage claim since it costs you nothing but a little time.

 

[GottaGo]

Hi everyone. My husband was not paid out any PTO, but the handbook does say that you forfeit it at termination of employment. Wasn’t sure if that’s legal or not, but the bigger issue is the over $1700 gross pay deduction they made.
We did ask for a cost breakdown for the trainings as well as a copy of his signed authorization. We asked that they provide by 4pm that day (Friday) and were ignored so we filed a complaint with NJ DOL.
Will provide more updates as they become available.
Thanks, everyone.

 

[quincy]

Hi everyone. My husband was not paid out any PTO, but the handbook does say that you forfeit it at termination of employment. Wasn’t sure if that’s legal or not, but the bigger issue is the over $1700 gross pay deduction they made.
We did ask for a cost breakdown for the trainings as well as a copy of his signed authorization. We asked that they provide by 4pm that day (Friday) and were ignored so we filed a complaint with NJ DOL.
Will provide more updates as they become available.
Thanks, everyone.

We will keep your thread warm for you while we await your updates.

 

[GottaGo]

Received a detailed invoice from my husband's former employer for the trainings that they've already deducted from his final paycheck. Total is $573.95. Wasn't even marked 'paid'.

 

[quincy]

Received a detailed invoice from my husband's former employer for the trainings that they've already deducted from his final paycheck. Total is $573.95. Wasn't even marked 'paid'.

You said the gross deduction was $1700. What explains the $1126.05 difference?

 

[Zigner]

You said the gross deduction was $1700. What explains the $1126.05 difference?

I imagine it's the reduced pay rate.

 

[quincy]

I imagine it's the reduced pay rate.

Ahh. That could be it.

 

[Zigner]

Ahh. That could be it.

...or I could be wrong

 

[quincy]

...or I could be wrong

Haha. What you said makes sense but I guess GottaGo can let us know for sure.

 

[GottaGo]

Yes, Zigner is correct. The pay rate was reduced by approximately $30/hr, OT rate reduced by approximately $45/hour, which resulted in a $1700+ underpayment.
We don't actually know the exact rate my husband should have been paid. We do have the original offer letter, which was for an additional $28+ per hour (over what they paid on final pay check), but he also received a $5/hr raise a couple of months ago, which would bring us to $33/hr more than what they paid him in his final check, $49.50/hr OT more.
The raise was not put in writing, so we don't have documentation of it, and unfortunately since they have removed my husband's access to ADP he can't look at/print out old stubs to see what the correct current rate is. So the $30 more per hour, $45 more per OT hour is an approximation.

While there is not a direct line item 'deduction' on the final pay stub, there is a note referencing deductions for trainings, so I can only assume that this was why they reduced his rate (to cover the deductions).

You may recall that last Friday (June 3) we asked for the cost of each training, the signed authorization document, and either renewed access to ADP or a copy of all of my husband's pay stubs. On Monday we received only the cost breakdown, as an invoice.
I think if they also had a signed authorization they would have forwarded that, too.