It’s one thing to get yelled at by your boss for using your cell phone or not wearing the proper uniform, but should — and more importantly can — your employer deduct money from your paycheck for these rules violations?
In this thread over at Reddit, one commenter posted a photo of a list of infractions and related deductions at his place of business, a pizza chain with around 200 stores in 13 states.
Among the items on the list:
-Friends/Family visiting while employee is working: $5
-Improper uniforms: $5
-Having any personal items in the kitchen: $5
-Not wearing an apron: $5
We’ve attempted to contact this pizza chain to see if this is indeed company policy or if it’s just a rogue franchise owner. As soon as we have some sort of reply, we will update.
Whether or not such a policy is legal depends on the state. In this particular chain’s home state of Michigan, for example:
[A]n employer can not withhold wages for disciplinary action. All earned wages are required to be paid on the scheduled pay date. Note: employers are required to deduct certain deductions as required by law or permitted through a collective bargaining agreement. Deductions, other than those required by law or collective bargaining agreement, require the employees signed written consent for the deduction.
However, this is not the case in all states, where the rules are not so clear.
That’s why we want to see how common this sort of policy is. If you have stories of having your pay deducted for rule-breaking, share them in the comments. In the meantime, vote on whether or not you think this is a good thing for employers to do:
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“Deductions, other than those required by law or collective bargaining agreement, require the employees signed written consent for the deduction”
Yep, I can see how that works:
“You did (something wrong). Here’s the writeup, and you’ll be docked $5 for this infraction. Just sign below.” (the writeup obviously has some legalese like “by signing, I agree to any deductions from my pay” to cover their ass)
“I don’t want to sign.”
“You’re fired for refusing to sign the writeup.”
I think that is illegal anywhere. You must be paid for your time worked.
When we travel on business our company expects us to hand in restaurant receipts. Which is fine.
However they also want to know what we ordered and ate. I find this very intrusive into my privacy and wondered if it was legal.
I’ll bet part of their concern might be the liability of paying for alcoholic drinks for their employees if they didn’t check what they were paying for.
I believe that is the case and if so they should say that but I object telling them what my food choices are.
It is a black letter violation of the law. It is not open for debate. I would love to be the first person that had my docked for any of these “violations”. The lawsuit would be great, and hopefully drive the owner out of business. I ask that Consumerist let us all know the location so that owner can get the scorn and ridicule he deserves.
It’s called indentured servitude.
I’d venture to guess that, even before this policy was rolled out, it was a miserable place to work. If the employees haven’t already been actively searching for new employment, this should do the trick.
“leaving the store for _any_ reason while on the clock”
This alone is likely enough for slapping the manager and the owner with a fine. Emergencies aren’t explicitly excluded.
Since the rules are ‘EFEECTIVE’ on 11-18-2011 the employees should be safe. Good thing that the illiterate employer didn’t make them ‘effective’ or there might be some question about it.
“a pizza chain with around 200 stores in 13 states” = Jets Pizza. Read list – “Jet’s Pop” “Jet’s Apparel” etc.
I can’t believe all you people hating on this business owner. I mean, that motherfucker is a JOB CREATOR. Stop with the whining! Quit the job if you don’t like it!!
I think a certain Jets franchise owner should retain an attorney. If they get what’s coming to them they will be hearing from the state Dept. of Labor in the near future. I hope they have enough cash on hand to pay back their employees as well as pay the fines for the blatant employment law violations.
Stuff like this just floors me. How can you be that goddamned ignorant and run a business?
Would it kill Consumerist to just say that it’s a Little Caesar’s, five seconds of research gives it away. I can understand not wanting to give away the specific location of where someone is talking about but at least mention the chain name.
How did you come to that conclusion? The memo clearly says “Jets”.
Yes, because saying it’s a Little Caesar’s would be blatantly and provably false. Read the memo. It’s Jet’s Pizza.
Seriously, talk about “five seconds of research.”
Fees for not following the rules is dumb.
If employees aren’t following the rules you just fire them.
So they can’t dock pay for screwing up, what about taking vacation time away? We have a policy of if our CPAs don’t account for their time each week the missing hours are taken from their vacation time. Sounds shady, not sure if it’s legal.
There aren’t any state laws mandating vacation, so it’s possibly legal as long as it is documented. Wouldn’t want to work there, though.
“In this thread over at Reddit”
Source, please? I don’t see any link
Sounds like a good deal on the leaving work thing. They’re going to dock me just $5, not for the time I’m away. I could work a lot of jobs at the same time that way…
Pretty sure this is illegal in my state. Even if you break a major multi million dollar piece of equipment they can’t deduct anything from your pay, though they certainly could fire you. Any sort of payroll deductions we do here have to be signed for by the employee and they are limited to things like insurance, 401 K, taxes and uniform rentals.
The sign doesn’t explicitly state that the rules only apply to when you’re at work. Are they going to fine me for not wearing an apron at home while I’m showering?
They’re also vague. I’ll be fined $5 if I am not weighing chicken. Apparently I must be weighing chicken at all times, or I’ll be punished.
I once worked at a computer store where the service dept (not the one I worked in) LOST a customer’s computer (or sent it home with the wrong customer…whatever). The manager was going to try and split the cost of the computer and deduct that from everyone’s pay who was working at the time.
He never followed through, but, yeah, it’s quite illegal to do so.
I wonder if you could get around any legal prohibitions on this by offering the employee a choice. Rather than deduct their pay, they are paid then either “voluntarily” agree to pay the fine in writing, or they keep their $5 but lose their job.
Then again, I assume the owner/manager/whoever wrote this sign doesn’t want to or can’t fire the employees, else he or she already would have.
It doesn’t work like that. Courts and labor boards aren’t stupid.
Listen, we know the building was on fire and all, but we’re going to have to dock you five bucks for leaving the store.
How do you cook food if you can’t bring it into the kitchen?
Thank you for taking the time to observe this sign…the time has been duly noted and will be docked from your pay.
If my till is short or I lose a credit card receipt, the asshole boss deducts it from my check.
If my till is short or I lose a credit card receipt, the asshole boss deducts it from my check.
I once worked for a pool company as an area supervisor. I was salaried. I had 10 pools and a base rate of $30/pool every week. I was guaranteed $600 per pay period plus mileage.
Anyway, there was an incentive system, which is basically the opposite of this. I could make like $300 more per pay period if everything went well. So at the beginning of the pay period, my pay was, say, $900. Then if there was a complaint, no matter how dumb, that was a $50 penalty. Then if I was over hours on one pool, that was a $25 penalty, and so on, there was a whole list. It wasn’t worth working 50-60 hours per week, 7 days per week.
my employer already does that, its called an Article 15
If they’re having so many problems with their current employees they need new employees!
If I worked at the place this was posted I would immediately start covertly robbing the place blind, damaging business as best I could. I mean this is a first blood scenario. It’s really an impressive way to make your employees despise you.
Of corse it’s completely against the law. Any employee should keep an accounting and take them to small claims when they leave.