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

[Howardc2]

What is the name of your state (only U.S. law)? Ohio So here’s the situation;

I’ve been working for this company since May 2017, upon getting my first check I noticed that there was extra money deposited to my account but didn’t know why. i Contacted my supervisor to tell her/ask her what Happened and where’s the money came from. She told me she called the owner and let her know and the owner said something along the lines of “I can’t be bothered with a hundred dollars” so okay whatever I don’t do anything. Next week it happens again and I tell her again. Once again she can’t be bothered with it. This continues to happen and I continue to tell my supervisor until about a week ago. The money that was being deposited was someone else’s paycheck. They were receiving statement but didn’t realize they weren’t getting money the whole time. Now she wants to take me to small claims court. I’m 20 and go to college I don’t own any property and I do not have the money to pay her back. I offered to set up payments until I can pay her back but she said it wasn’t fair to the other employee. But I would have to make payments if I was found guilty through the court anyways? What should I do? Should I get a lawyer? should I be worried? Am at fault? I felt like I did everything I was able to. And just this last week after all of this happened they changed me to direct deposit, I got the stub saying it was in direct deposit but the money was never deposited.

 

[HRZ]

Your employer owes the other employee timely pay

Your employer cannot properly unilaterally dock your pay --file a wage complaint darn soon if the problem is not cured in say 24 hours.

Employer has a right to seek over payment. BUT not unilateral deductions

Court may be far from impressed with employer who refuses to work out the problems of its own errors.

For all you know the employer just upped your wages by $100 a week , and you rely on that pattern of actual pay and their acquiescence to same.

 

[PayrollHRGuy]

Employer has a right to seek over payment. BUT not unilateral deductions

The Wage and Hour Division of the US DOL opinion letter would seem to disagree.



Q1) 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? The employee requested 75 hours of vacation in pay period one and was paid for them. The employee in fact had only 32 hours available and reported it to the department. When the employee was paid for the next pay period, 43 hours pay were deducted.

A1) It has been our longstanding position that where an employer makes a loan or an advance of wages to an employee, the principal may be deducted from the employee’s earnings even if such deduction cuts into the minimum wage or overtime pay due the employee under the FLSA. An employer may not, however, make an assessment for administrative costs or charge any interest payment that brings the employee below the minimum wage. See Field Operations Handbook, 30c10; opinion letters dated March 20, 1998, and November 16, 1977 (enclosed). Thus the amount the department chooses to recoup in the next pay period is at the department’s discretion. It does not matter whether the deduction was made in the next pay period or several pay periods later.

https://www.dol.gov/whd/opinion/FLSANA/2004/2004_10_08_19FLSA_NA_recoup.htm

 

[HRZ]

In Ohio failure to pay wages in violation of R.C. § 4113.15 is a criminal offense pursuant to R.C. § 4113.99

 

[PayrollHRGuy]

The OP's received her wages plus $100/week. And the other employee getting or not getting their pay is not the OP's and hence our problem.

 

[HRZ]

THe unilateral docking of pay is an even bigger problem ..and if employer gave employee a pay stub showing $xx paid and in fact they did not pay same into direct deposit I'd suggest a very careful read of OH statutes on theft by deception ...in addition to OHs wage payment laws. And apparently the employer paid less than the minimum wage as well this most recent time .

Its long overdue that owner spend time to do things right!!

 

[PayrollHRGuy]

THe unilateral docking of pay is an even bigger problem ..and if employer gave employee a pay stub showing $xx paid and in fact they did not pay same into direct deposit I'd suggest a very careful read of OH statutes on theft by deception ...in addition to OHs wage payment laws. And apparently the employer paid less than the minimum wage as well this most recent time .

Its long overdue that owner spend time to do things right!!

Not in this case it isn't. At least not under Federal Law.

I agree the employer is in a very bad place with the other employee. But that isn't the OP's problem.

 

[HRZ]

One can find different opinions about a unilateral recovery of an overpayment in OH ...but none I saw cited any OH law which allowed same ...some states do not. , varies ..a OH cite sure.might help .

BUt for starters, even if allowed, to go below minimum wage is problematic and to issue a paystuff showing $XX paid via direct deposit and no such payment was made is problematic . (IF OP meant that )

 

[LdiJ]

The Wage and Hour Division of the US DOL opinion letter would seem to disagree.



Q1) 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? The employee requested 75 hours of vacation in pay period one and was paid for them. The employee in fact had only 32 hours available and reported it to the department. When the employee was paid for the next pay period, 43 hours pay were deducted.

A1) It has been our longstanding position that where an employer makes a loan or an advance of wages to an employee, the principal may be deducted from the employee’s earnings even if such deduction cuts into the minimum wage or overtime pay due the employee under the FLSA. An employer may not, however, make an assessment for administrative costs or charge any interest payment that brings the employee below the minimum wage. See Field Operations Handbook, 30c10; opinion letters dated March 20, 1998, and November 16, 1977 (enclosed). Thus the amount the department chooses to recoup in the next pay period is at the department’s discretion. It does not matter whether the deduction was made in the next pay period or several pay periods later.

https://www.dol.gov/whd/opinion/FLSANA/2004/2004_10_08_19FLSA_NA_recoup.htm

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.

 

[Zigner]

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.

You're kidding, right? If the employee is overpaid, that's considered as an advance on wages. It's not a difficult concept.

 

[LdiJ]

You're kidding, right? If the employee is overpaid, that's considered as an advance on wages. It's not a difficult concept.

Sorry, but we are going to have to agree to disagree...your flippancy aside.

 

[Howardc2]

You're kidding, right? If the employee is overpaid, that's considered as an advance on wages. It's not a difficult concept.

I didn't ask her for the money, it was a screw up by the payroll company. They've been depositing money since the first week i started. It was some other lady's paycheck. she was getting statements and i was getting her money. i told my boss she brushed it off and told my supervisor and i that she would look into it. fast foreward to now and now the other employee wants her money and my employer is telling me i owe her all of the money back in full. which i definitley dont have. also how do you not notcie you havent been paid for almost a year?

and in regards to my paycheck, i have filed a complaint with the attorney general.

 

[quincy]

Sorry, but we are going to have to agree to disagree...your flippancy aside.

You can "agree to disagree" but Zigner is right and you are wrong.

 

[Ohiogal]

You can "agree to disagree" but Zigner is right and you are wrong.

As the Ohio attorney here, yeah Zigner is right and surprise, surprise (not really) Ldij is wrong. It has become a pathetic pattern. She won't admit it but she is wrong.

 

[HRZ]

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 )