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Our employer has recently started cracking down on parking. Not all employees have been made aware of new parking regulations. Employees are getting fined 100.00 and it is automatically being deducted from their paychecks. Is this legal?
Asked on December 6, 2017 under Employment Labor Law, Kentucky
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
No, it is not legal *unless* you agreed or consented to it, which agreement or consent could be taken from any policy document or statement you received indicating that if an employee violates parking rules, a $100 fine will be taken from pay. Assuming you received such policy document or statement PRIOR to the first deduction, if you kept working there after being aware of the policy, your continued employment would indicate acceptance of or agreement to the policy.
But however it was expressed, they need your consent to the deduction; the law does not allow payroll deductions without either employee consent or a legal (e.g. court or IRS ordered wage garnishment) order for it.
Otherwise, without your consent, they cannot deduct your wages. They could do many other things: suspend or fire employees who violate parking rules; demote them or cut their pay; etc. But not unilaterally take money from paychecks.