Can a delivery driver’s pay be docked for overstating drive time

UPDATED: Sep 30, 2022

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Can a delivery driver’s pay be docked for overstating drive time

If a delivery driver takes 3 hours to drive a distance that should only take 1 hour with no extenuating circumstances can those extra 2 hours be deducted from his pay?

Asked on June 15, 2017 under Employment Labor Law, Massachusetts


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, the driver's pay may not be docked: the law is clear that an employer's pay may only have deductions or amounts withheld with the employee's consent or agreement, or as required by law (e.g. court or IRS ordered wage garnishment). However, if the employer does not believe the employee or feels he was inefficient, overly slow, may have stopped somewhere, etc., it can reduce his wage going forward; suspend him; reduce his hours; or terminate him. So there are many things the employer can do--it just happens that docking wages is not one of them.

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 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.

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