If my boss pays me off the books plus commission, is he allowed to deduct half of my days pay just for being 30 minutes late?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my boss pays me off the books plus commission, is he allowed to deduct half of my days pay just for being 30 minutes late?

Asked on October 25, 2012 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are hourly plus commission, then you would not be paid your wages for the amount of time you were late--but no more than that. If you are salaried plus commission, he cannot withhold any pay, though clearly could fire you for being late.

Note that there is NO right to be paid "off the books." You and your employer must both pay the appropriate taxes on your income. If you do not, you are committing tax fraud.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption