Is it legal for a new employer to pay you less money or charge you fees, other than what you were hired in at?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for a new employer to pay you less money or charge you fees, other than what you were hired in at?
I work for a spa and work on commission. I was hired in at making 50% commission on each service I perform. Recently new ownership has taken place, and the owners now want to charge back bar fees or service fees that come off the top to the employee and then divide that total by 50, which brings my commission under 50. Is it legal to charge an employee for the products needed to perform their job? Is it legal for a new employer to reduce the wage of which you were hired in at with nothing else changing to justify that? An employer gets to claim all these thing as tax deductions, am I able to claim the service fees or product fees I pay on my taxes for deduction being an employee? Do all these added fees I’m being charge have to be documented for me?
Asked on July 11, 2016 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) Yes, an employer can charge employees for the supplies or equipment they need--the most common example are employers who charge for uniforms, but the principle applies to any materials.
2) An employer can reduce your wage an *any* time unless you have a written employment contract guarantying your wage. Without an employment contract, you are an "employee at will," and part of being an employee at will is that the employer has full control over what you are paid.
3) You need to speak to your accountant or tax preparer about what you can and cannot deduct.
4) Yes, they should document all charges or deductions.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.