Can my wife’s company deduct money from her paycheck as a penalty for not attending certain meetings?

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Can my wife’s company deduct money from her paycheck as a penalty for not attending certain meetings?

My wife is a 1099 personal trainer. Her company had a meeting and wanted them to meet bi-weekly about their clients. The meeting paper given had no date and no deadline for these meetings. She was pulled in abruptly with no notice and given a paper saying they were going to deduct 5% from her pay for the next 2 paychecks for not doing what was required (again no defined deadline). Is this legal?

Asked on July 15, 2011 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A 1099 contractor is still considered to be an employee. And an employer may not make any deduction for a paycheck. That is unless: there is an employment union contract that allows for this; there is existing company policy permitting that this can be done; this action has been taken due to discriminatory practice; or an employee has otherwise given their consent. If such a deduction is made she can report her employer's action to your state's department of labor. Possibly she can sit down with the powers that be first and work something out.


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