In the state of WY what are the circumstances in which an employer can withhold pay?
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In the state of WY what are the circumstances in which an employer can withhold pay?
I work in WY for an employer that provides
employee housing. Our checks have been held
for 2 days on the grounds that common areas
are messy. This is two days BEYOND the
contractually agreed upon pay date. Is this
legal?
Asked on July 17, 2018 under Employment Labor Law, Wyoming
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, it is not legal. Employers may only withhold employee pay 1) with employee consent or agreement (either general consent to withhold in certain cases, such as might be found in a contract, or specific consent to this withholding); or 2) a legal order, such as a court order for wage garnishment. There are no other situations where wage withholding is legal.
If your common areas are messy, the employer can make its displeasure known in many ways (so long as it does not violate any contracts), such as: take away the common areas (you can't use them); make it part of your jobs to clean them (you have to spend time cleaning); reduce your pay going forward; cut your hours; suspend employees; even terminate employees. But it can't withhold pay.
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