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Started By
Message
re: OT Law Gurus: Question
Posted on 9/24/18 at 8:00 am to Corkfather
Posted on 9/24/18 at 8:00 am to Corkfather
You don’t want to work for that ahole anymore anyway.
0
Posted on 9/24/18 at 8:46 am to Corkfather
Please tell me the employee did not pay for the damage...
Posted on 9/24/18 at 8:52 am to Corkfather
quote:
Question 1: Is it legal for the manager to force the employee to repair the damage?
Don't know if it's legal or not... but no way in fricking hell I'd pay
Posted on 9/24/18 at 8:58 am to Corkfather
You don't give enough facts.
If the employee is paid hourly, the employer cannot deduct the employee's pay below the minimum wage (and any overtime) threshold due to the employer contending that the employee damaged the employer's property. OT and minimum wage payments must be "free and clear."
If the employee is salaried and treated as exempt from overtime, then the employer negates the exemption by requring the payment for the damages. The employee is no longer on a "salary" basis, which is a requirement for the professional, managerial, and adminstrative exemptions.
If the employee is a trucker with a CDL, then there are some odd rules that apply.
This post does not constitute legal advice and does not establish an attorney-client relationship.
If the employee is paid hourly, the employer cannot deduct the employee's pay below the minimum wage (and any overtime) threshold due to the employer contending that the employee damaged the employer's property. OT and minimum wage payments must be "free and clear."
If the employee is salaried and treated as exempt from overtime, then the employer negates the exemption by requring the payment for the damages. The employee is no longer on a "salary" basis, which is a requirement for the professional, managerial, and adminstrative exemptions.
If the employee is a trucker with a CDL, then there are some odd rules that apply.
This post does not constitute legal advice and does not establish an attorney-client relationship.
Posted on 9/24/18 at 9:56 am to Corkfather
quote:As a lawyer, clients who think they have some form of knowledge from a message board are far more difficult to serve than those without said ”knowledge.”
Obviously, but its better to go into a situation with some form of knowledge as opposed to being completely ignorant.
Posted on 9/24/18 at 10:32 am to chinhoyang
quote:
Please tell me the employee did not pay for the damage...
I did pay for the damage.
quote:
chinhoyang
I am salaried.
Do I have any recourse to recoup my money?
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