Can my wife’s company deduct money from her paycheck as a penalty for not attending certain meetings?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my wife’s company deduct money from her paycheck as a penalty for not attending certain meetings?
My wife is a 1099 personal trainer. Her company had a meeting and wanted them to meet bi-weekly about their clients. The meeting paper given had no date and no deadline for these meetings. She was pulled in abruptly with no notice and given a paper saying they were going to deduct 5% from her pay for the next 2 paychecks for not doing what was required (again no defined deadline). Is this legal?
Asked on July 15, 2011 under Employment Labor Law, Georgia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A 1099 contractor is still considered to be an employee. And an employer may not make any deduction for a paycheck. That is unless: there is an employment union contract that allows for this; there is existing company policy permitting that this can be done; this action has been taken due to discriminatory practice; or an employee has otherwise given their consent. If such a deduction is made she can report her employer's action to your state's department of labor. Possibly she can sit down with the powers that be first and work something out.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.