pay check being docked !!

[Mattiesmom]

What is the name of your state?ga

The situation is.... I know someone who works a job that is paid only by commission. He found paper work where the manager has already docked his paycheck for a missed appointment. Can this be done even if it had not been talked about with the employee or states nothing of doing this in the employee hand book. Another thing ... Is he required to make some kind of hourly or base wage not strickly commission?

 

[cbg]

Depending on the exact circumstances and other information you have not provided, yes, it is possible that the employer can legally dock the employee. However, you have not provided anywhere near enough information to say if it is legal in this particular case or not.

In the majority of situations, there is nothing inherently illegal about commission-only pay as long as the employee receives a minimum of minimum wage times hours worked.

 

[Mattiesmom]

There was a misunderstanding with the schedual. The employee(1) was first told that he would not be working at all on Sat. because there was no availibility then the manager changed the schedual to have him come in Sat. night because a couple of appointments had been booked. The employee (1)was called at home by another employee (2)asking him if he would be in to work for the appointments, employee(1)said "No, I thought I was off today." Then the manager called shortly after saying that she had went ahead and put him on the schedual for Sat. night and two appointments were waiting. Employee(1) said ok, I will change my clothes and be on my way in. In the meantime the manager gave the two appointments gift certificates to re-schedual and docked the employee(1) $180 from his paycheck without discussing anything with him about it.

 

[cbg]

Where did you get the idea that docking has to be discussed with the employee beforehand? Assuming that the docking is legal, and we still don't know enough to say, nothing in the law says that it becomes illegal unless the employer sits the employee down and talks to him about it first.

There's still one very important question you haven't answered; is the employee exempt or non-exempt?

 

[Mattiesmom]

exempt- nonexempt ?

I gave you all the information... The manager told him not to be there, made appointments, changed the schedual ... then another employee called wanted to know if he would be in then manager called back- he changed his clothes went in to work- couple of days later found paperwork where his next paycheck was to be docked $180 for gift certificates for re-schedualing

 

[pattytx]

Classification of employees under the Federal Fair Labor Standards Act for eligibility for overtime under the law (nonexempt). Also subject to minimum wage requirements (also nonexempt) If you don't know this answer, you friend needs to tell you (and go to his HR department if he doesn't know).

This is critical to the answer. CBG knows her business. She's asking you so she can give a correct answer.

However "docking" is a term normally used for making reductions in the stated weekly salary for exempt employees, not for a reduction in commissions. Is the commission plan documented? Did your friend get a commission calculation explanation and that is how he knew his commission was reduced?

 

[cbg]

No, mattiesmom, you have not given me all the information. You've given me all the information you think I need, but you are mistaken. There is NO POSSIBLE WAY I, or anyone, can answer this question without knowing if the employee is exempt or non-exempt. Patty has given you some direction in that regard, and asked another relevant question.

This is not as simple as you are trying to make it out to be.

 

[Mattiesmom]

I didn't know this was going to be so complicating. Thank you for continuing.

The employee doesn't now if exempt/nonexempt

He DOES NOT get an hourly wage therefore no overtime- just commission from services/sales

I can not get in touch with him right now to find out if he talked to HR

 

[pattytx]

The fact that he doesn't get an "hourly wage" does not necessarily mean anything. Commission-only employees can be exempt or nonexempt. We will wait for his answer.