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My employer says I/O her for grand is she right ?

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Howardc2

Junior Member
OP..it's not your problem to pay other person.

THe OH Wage and Hour Div is correct place to file a wage complaint...google it. ( the AGs office may round file it )

Thank you!

so would i need to pay back the employer? even though she said she couldn't be bothered with it until now?:confused:
 


Zigner

Senior Member, Non-Attorney
Thank you!

so would i need to pay back the employer? even though she said she couldn't be bothered with it until now?:confused:
Yes, but not through a payroll deduction (if you don't agree). You can make other arrangements, or you can be sued for it.
 

PayrollHRGuy

Senior Member
I do not think that the cited opinion is necessarily applicable in this case. This was not an advance or loan of wages. It was not indicated as an advance or loan of wages.
Here let me help you some.

Does the FLSA prohibit an employer from deducting compensation from an employee’s paycheck (without the employee’s permission) in order to reimburse itself for an overpayment inadvertently made to the employee in a previous pay check?
 

Howardc2

Junior Member
I don't think anyone has said otherwise...

okay i just wanted to make sure i understood. now like i said i have no property or money to pay her in full if she sues and wins. what happens then? i live with my parents but im 20 will she go after them?
 

Zigner

Senior Member, Non-Attorney
okay i just wanted to make sure i understood. now like i said i have no property or money to pay her in full if she sues and wins. what happens then? i live with my parents but im 20 will she go after them?
No, your parents aren't involved in this.

You could be proactive and start making payments now.

In the future, if you KNOW that money isn't yours, don't spend it.
 

HRZ

Senior Member
You may have a duty to repay a mistaken overpayment .how fast and how is up for discussion. But don't rush just yet.


I think the employer has some bigger problems ...as to intentional reduction of wages below the state minimum wage as in zero ...and a very deceptive pay stub vs missing direct deposit ( Employer is looking at fines and jail time for intentional wrong doing ..ultra rare..but possible)

I'm neither an attorney nor in OH...and a bit dated on HR ...but in HR jargon of old ..an advancement is an intentional prepay of your wages generally covered by a written signed policy or agreement as to repayment / future deductions. And an overpayment is generally a mistake as payments in excess of wages (or hours) and not covered by agreement ( and a few issues not relevant here such as owing employer for excess vacation taken ) I simply am unsure that an overpayment is an advancement in OH . ( we had operations in OH but I don't remember any such issues )..

Me, I'd file a wage claim with OH wage and hour especially for each time frame my wages actually paid out dropped below the state min hourly wage.
 

HRZ

Senior Member
MY lay understanding is that if state law is more demanding than FLSA that the employer must follow state law.
 

cbg

I'm a Northern Girl
Let's make sure everyone is on the same page here.

The OP was paid everything he is due. The OP has no wage claim here.

The OP was, in fact, overpaid. The OP has no legal right under the law to keep the extra money.

The other employee has a legitimate wage claim against the employer.

The other employee has no legitimate claim against the OP. The other employee is not the OP's problem.

However, if the employer wants the extra money back that the OP was paid in error and which the OP was not due, the OP does not have any grounds to refuse. How the OP repays the employer is between the two of them.
 

Howardc2

Junior Member
No, your parents aren't involved in this.

You could be proactive and start making payments now.

In the future, if you KNOW that money isn't yours, don't spend it.
i didnt. i kept it until she told me dont worry about it. i offered to make payments and she said thats not fair to the other employee and told me no.
 

HRZ

Senior Member
Hopefully we might also agree that for employer to unilaterally dock wages below state or federal minimums is on wrong side of laws and to dock wages at all absent prior written agreement with employee may violate OH law?
 

HRZ

Senior Member
I realize its only the OPs version of the overpayment ...but if OP owed employer $1000 and employer clearly said " don't worry about it" I'd sure hear that in context that employer just forgave the debt ....and expecting me to pay another employee is clearly wacky ...but in a sense making it clear I don't owe employer! This employer is making up her own rules?
 

HRZ

Senior Member
THe employer needs to follow both the state and federal rules !

ANd while not the question asked, the employer has a bit of a job to correct all the relevant federal, state and local tax and withholdings and fees etc for adjusted wage . OP, this also means you need to pay attention to your various tax returns
 

PayrollHRGuy

Senior Member
Ohio state rules don't say anything about overpayment of wages that I can find.

Under federal law this is a case where even if the deducted fund reduce the OP to sub-minimum wage for the pay period(s) when it is deducted it doesn't matter.
 

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