Can a agency dock wages due to late timecards?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a agency dock wages due to late timecards?
I work for a health care agency and fax time cards every week. Over holidays I was late, on Mondays that were observed holiday. My agency cut my pay rate, as well as paid me the following week. Is this legal?
Asked on January 13, 2017 under Employment Labor Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
They cannot reduce your rate for work already done for sending in the time cards late: you did that work pursuant or according to an agreement, even if only an oral (unwritten) one that you'd be paid a certain rate for the work; since you honored your obligations (did the work), they are contractually obligated to honor their obligations and pay you at the agreed-upon rate. If they don't, you could potentially file a wage and hour complaint with the state department of labor or sue in small claims court for the money.
But going forward--i.e. for work not yet done--they can freely reduce your rate for any reason including a late card, unless you have a written (and for this purpose, only a written) employment contract for a defined or set duration or period which guarantees your rate for that time. Without such a contract, your employer can change or reduce what you will be paid for work not yet done at any time, for any reason.
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.