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?
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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 12 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.
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