Can a delivery driver’s pay be docked for overstating drive time

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Can a delivery driver’s pay be docked for overstating drive time

If a delivery driver takes 3 hours to drive a distance that should only take 1 hour with no extenuating circumstances can those extra 2 hours be deducted from his pay?

Asked on June 15, 2017 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, the driver's pay may not be docked: the law is clear that an employer's pay may only have deductions or amounts withheld with the employee's consent or agreement, or as required by law (e.g. court or IRS ordered wage garnishment). However, if the employer does not believe the employee or feels he was inefficient, overly slow, may have stopped somewhere, etc., it can reduce his wage going forward; suspend him; reduce his hours; or terminate him. So there are many things the employer can do--it just happens that docking wages is not one of them.


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