Is by boss allowed to take money from my hourly wage to make-up for the higher commission that he accidentally paid me?
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Is by boss allowed to take money from my hourly wage to make-up for the higher commission that he accidentally paid me?
I work in gallery and I get hourly paid plus commissions. For my last paycheck my boss gave us the wrong commissions, more than what was supposed to. I didn’t notice. So this paycheck he decided to to subtract the difference of this commission but because I didn’t make enough commissions he took it out from my hourly wage. Which cut my paycheck by a lot. Is he allowed to do that?
Asked on June 9, 2017 under Employment Labor Law, Hawaii
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, he is not allowed to take money from your paycheck without your consent or agreement to do so, or a court order, like an order for wage garnishment, directing him to do this. You could contact the department of labor to complain, or sue him (such as in small claims court) for the money. But before you do so: if you were in fact overpaid, he has a legal right to recover the money. If it doesn't come back to him this way, could sue *you* for the money He could also terminate you "for cause" (no unemployment) for refusing to voluntarily return money to which you are not entitled. While what he did is illegal, as a practical matter, it is better than what he could legally do.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, he is not allowed to take money from your paycheck without your consent or agreement to do so, or a court order, like an order for wage garnishment, directing him to do this. You could contact the department of labor to complain, or sue him (such as in small claims court) for the money. But before you do so: if you were in fact overpaid, he has a legal right to recover the money. If it doesn't come back to him this way, could sue *you* for the money He could also terminate you "for cause" (no unemployment) for refusing to voluntarily return money to which you are not entitled. While what he did is illegal, as a practical matter, it is better than what he could legally do.
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