Can an employer take 10 of employee’s production as an adjustment for using the computer platform the company assigned them to?

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Can an employer take 10 of employee’s production as an adjustment for using the computer platform the company assigned them to?

Medical Transcription employee, pay is production based by typed lines. Employer is deducting 10 of the total lines produced in a pay period as a ‘platform adjustment’ for use of the platform the employee was assigned to use by the employer in order to do the work, thus paying 90 of the total work produced to the employee rather than 100. Is this legal?

Asked on February 3, 2017 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

While unfair, it appears to legal. The employer sets and may change or adjust the terms and conditions of work/employment, and so could make one of the terms of employment that there is a "platform adjustment." The employer also sets and can change employee compensation and so could do this same thing by simply reducing your pay by 10% when using this platform. Either way, the employer would appear to have the authority to do this.


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