Wage DefinitionThe Texas Payday Law defines wages as “compensation due by an employer” for first meals and accommodation for the worker as long as the employer does not benefit from meals and accommodation; 2. Tips – inclined employees can be paid less than the minimum wage; (3) Voluntary earnings may be deducted from the employer, usually for pension contributions, health insurance, etc.; 4) repayment of loans and advances on wages; 5. shortage of cash due to cash misappropriation; 6. The court ordered or ordered deductions authorized by law. Final wage deductionsWhile final payment dates are relatively simple, the issue of wage deductions deserves special attention. THE TAKEAWAY: Before deducting an employee`s wages, you must first check whether the deductions are authorized by federal law or a court order. If the deduction is not approved, you must have the employee sign an agreement. Finally, you must consider whether the deductions would bring the worker`s wages below the minimum wage. The FLSA covers deductions that can legitimately bring a worker`s salary below the minimum wage. In certain circumstances, the following points may lead to workers` wages being lower than the minimum wage: employers must comply with the Immigration Reform and Control Act 1986. They must check the suitability of all candidates who are actually recruited. The applicant`s identity and the applicant`s work permit must be established. Once the documents have been verified, an I-9 form must be completed.
It is best to make copies of the audit documents. Note that only statutory or statutory deductions can be deducted from the above list without the prior written consent of a staff member. It is generally recommended that employers obtain permission to deduct these expenses at the time of recruitment, as well as the completion of all other statutory documents. It is important that the authorization agreement is not too broad, but that it nevertheless adequately covers the likely deductions that the employer may have to make on the worker`s wages. Also remember that even if a worker accepts the deduction, the deduction does not lower the worker`s salary below the minimum wage, unless the ONFLSA allows it. Overtime pay If a worker is required to pay overtime, it is decided by the classification “non-tax-exempt” or “exempt.” As a general rule, administrative staff, professionals, external salespeople and workers are considered exempt from minimum wage and overtime provisions in certain occupations. The Ministry of Labour (WORK MINISTRY, DOL) has written guidelines for the designation of exemption status. It is only if you are paid or have a specific professional title that a worker is not exempt. The nature of the work and the working relationship define exempt or non-exempt status. With a few exceptions, workers considered exempt must be paid and spend 20% or less of their workday on line tasks. The 80% of working time must be devoted to surveillance, expertise or origin work.
We are often faced with the question of the deductions an employer can deduct from a worker`s salary. The confusion over the law is not surprising given the discrepancies between the federal law, the Fair Labor Standards Act (FLSA) and the Texas Payday Law. The FLSA covers deductions on minimum wages that cause the worker`s wages to fall below the minimum wage.