Is it legal for a new employer to pay you less money or charge you fees, other than what you were hired in at?

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Is it legal for a new employer to pay you less money or charge you fees, other than what you were hired in at?

I work for a spa and work on commission. I was hired in at making 50% commission on each service I perform. Recently new ownership has taken place, and the owners now want to charge back bar fees or service fees that come off the top to the employee and then divide that total by 50, which brings my commission under 50. Is it legal to charge an employee for the products needed to perform their job? Is it legal for a new employer to reduce the wage of which you were hired in at with nothing else changing to justify that? An employer gets to claim all these thing as tax deductions, am I able to claim the service fees or product fees I pay on my taxes for deduction being an employee? Do all these added fees I’m being charge have to be documented for me?

Asked on July 11, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) Yes, an employer can charge employees for the supplies or equipment they need--the most common example are employers who charge for uniforms, but the principle applies to any materials.
2) An employer can reduce your wage an *any* time unless you have a written employment contract guarantying your wage. Without an employment contract, you are an "employee at will," and part of being an employee at will is that the employer has full control over what you are paid.
3) You need to speak to your accountant or tax preparer about what you can and cannot deduct.
4) Yes, they should document all charges or deductions.


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