# Legality of "Wage Garnishing"

**URL:** https://forums.speedlife.net/t/legality-of-wage-garnishing/228627
**Category:** NYSpeed Off Topic
**Created:** [February 9, 2013, 9:02am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627 "2013-02-09T09:02:34Z")
**Posts on this page:** 20
**Page:** 1

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 9:02am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/1 "2013-02-09T09:02:34Z")

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My wife is going to be contacting the labor board in the next week, but I was wondering if anyone else knows the legality of this situation. Especially with a few business owners on the board.

Basically my wife’s boss/employer is taking $1 per Client to pay for renovations to the front of the building, and she has stated she needs $10k to redo the parking lot in the spring. Each employee that works there must sacrifice $1 per client to pay for these business renovations. No contract was signed agreeing to this or anything. We did the math and between all the employees, those dollars add up to over $12,000 a year.

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### Author: ![97FormulaWS-6](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/97formulaws-6/32/7384_2.png) [@97FormulaWS-6](https://forums.speedlife.net/u/97FormulaWS-6)
#### Post date: [February 9, 2013, 9:10am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/2 "2013-02-09T09:10:25Z")

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Doesn’t sound legal to me… but I’m not a lawyer/etc.

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### Author: ![TradersBASE](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/tradersbase/32/5321_2.png) [@TradersBASE](https://forums.speedlife.net/u/TradersBASE)
#### Post date: [February 9, 2013, 9:20am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/3 "2013-02-09T09:20:21Z")

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Sounds like bullshit to me. In for results.

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### Author: ![1QIKZ](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/1qikz/32/6112_2.png) [@1QIKZ](https://forums.speedlife.net/u/1QIKZ)
#### Post date: [February 9, 2013, 9:36am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/4 "2013-02-09T09:36:55Z")

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Without being a lawyer I am 99.9999999999 % sure that is ILLEGAL and I can’t believe her boss is even dumb enough to try this.

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 9:49am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/5 "2013-02-09T09:49:09Z")

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Will post results once we hear from the board of labor.

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### Author: ![MOBOOST4U](https://avatars.discourse-cdn.com/v4/letter/m/f4b2a3/32.png) [@MOBOOST4U](https://forums.speedlife.net/u/MOBOOST4U)
#### Post date: [February 9, 2013, 10:00am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/6 "2013-02-09T10:00:18Z")

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What does your wife do?

If the answer is stripper, idk how much of a defense she has, bitches gotta pay…

JK but really, what is her industry?

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 10:03am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/7 "2013-02-09T10:03:24Z")

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Cosmetologist

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### Author: ![Spam16v](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spam16v/32/5287_2.png) [@Spam16v](https://forums.speedlife.net/u/Spam16v)
#### Post date: [February 9, 2013, 10:14am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/8 "2013-02-09T10:14:26Z")

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Is she a subcontractor, or an independent being 1099’d? or is she a W2 payroll employee?

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 10:21am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/9 "2013-02-09T10:21:22Z")

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W-2

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### Author: ![Spam16v](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spam16v/32/5287_2.png) [@Spam16v](https://forums.speedlife.net/u/Spam16v)
#### Post date: [February 9, 2013, 10:35am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/10 "2013-02-09T10:35:28Z")

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paid hourly?

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### Author: ![Hass](https://avatars.discourse-cdn.com/v4/letter/h/51bf81/32.png) [@Hass](https://forums.speedlife.net/u/Hass)
#### Post date: [February 9, 2013, 10:52am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/11 "2013-02-09T10:52:32Z")

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Lol care to share what Salon?

I doubt she’s an hourly W-2 if she gets paid per client, Spam… Unless she gets like $4/hr + Client %

I know they can take it from you if you’re hourly above minimum… and take an hours worth of pay from you… Like say she makes $10/hr + tips, the owner can knock her down to $9 + tips and put the $1 towards whatever the owner wants to do. Sure it’s not a good business practice, but it’s business. As long as they make minimum.

But if they’re below minimum and make commission, I have no idea… Which I assume is your case since the owner is taking $1 per client.  
Labor board is your best bet.  
$1 per client, 3-4 per hour… $32/day, $160/wk on a 40/hr wk… That’s a nice chunk of change out of her pocket for something that doesn’t concern her or profit her at all.

My girl works for a shittily (ha) managed salon as well, but I doubt even they’d pull some shit like this.

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### Author: ![LZ1](https://avatars.discourse-cdn.com/v4/letter/l/7ab992/32.png) [@LZ1](https://forums.speedlife.net/u/LZ1)
#### Post date: [February 9, 2013, 11:04am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/12 "2013-02-09T11:04:49Z")

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Employee handbook etc covering wages?

NY is also employee at will which gives employers more room to fuck people :tdown:

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 11:08am UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/13 "2013-02-09T11:08:20Z")

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paid minimum + tips (which of course isn’t factored into anything). I’m not exactly sure how commission works there, I believe it’s based off of how much you bring in that week.

For the time being, I’ll leave the name out of it. I wrote the total wrong above, her boss has made over 12,000 from all the girls over the course of a few years with this practice. It is still a good amount of money taken from her yearly.

---------- Post added at 02:08 PM ---------- Previous post was at 02:06 PM ----------

> [@LZ](#):
>
> Employee handbook etc covering wages?

AHAHAHAH her boss can barely operate a computer, there is no handbook. She has like no business skills at all.

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<div class="post-metadata">

### Author: ![Hass](https://avatars.discourse-cdn.com/v4/letter/h/51bf81/32.png) [@Hass](https://forums.speedlife.net/u/Hass)
#### Post date: [February 9, 2013, 12:01pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/14 "2013-02-09T12:01:59Z")

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If she gets at least minimum I bet the owner can do whatever she pleases. 😑

Don’t forget most salons don’t even offer commission on clients, just minimum + tips.

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### Author: ![Blue\_Eyed\_Devil](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/blue_eyed_devil/32/7292_2.png) [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)
#### Post date: [February 9, 2013, 12:12pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/15 "2013-02-09T12:12:31Z")

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There are plenty of good salons out there, time to fire her boss and get a new one.

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### Author: ![Spam16v](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/spam16v/32/5287_2.png) [@Spam16v](https://forums.speedlife.net/u/Spam16v)
#### Post date: [February 9, 2013, 12:28pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/16 "2013-02-09T12:28:12Z")

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> [@Blue Eyed Devil](#):
>
> There are plenty of good salons out there, time to fire her boss and get a new one.

I second this.

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### Author: ![nitroinsane](https://avatars.discourse-cdn.com/v4/letter/n/d26b3c/32.png) [@nitroinsane](https://forums.speedlife.net/u/nitroinsane)
#### Post date: [February 9, 2013, 1:13pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/17 "2013-02-09T13:13:05Z")

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This is 100% illegal. You can deduct garnishments/child support, employee benefits,and taxes. That is it. Call the labor board and file a dispute. They will investigate the employer and they will check all of the pay records, hour records,and proof they are giving proper break/meal periods to the employee. Every employee will be interviewed so it will be anonymous. I recently parted ways with a company that had 6 figures in labor law violations last year.

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### Author: ![Blue\_Eyed\_Devil](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/blue_eyed_devil/32/7292_2.png) [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)
#### Post date: [February 9, 2013, 3:07pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/18 "2013-02-09T15:07:11Z")

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It may not be illegal depending on how they are compensated. If there is no written policy she may get away with it. If she were renting a chair it could be totally legal but…

Knowing how else she is compensated is important.

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### Author: ![ProgRocker](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/progrocker/32/5434_2.png) [@ProgRocker](https://forums.speedlife.net/u/ProgRocker)
#### Post date: [February 9, 2013, 3:18pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/19 "2013-02-09T15:18:52Z")

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> [@Blue Eyed Devil](#):
>
> It may not be illegal depending on how they are compensated. If there is no written policy she may get away with it. If she were renting a chair it could be totally legal but…
> 
> Knowing how else she is compensated is important.

Pfft there is no compensation. She’s not renting the chair, she’s a full time employee. The girls don’t get raises at all.

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### Author: ![Blue\_Eyed\_Devil](https://yyz2.discourse-cdn.com/flex034/user_avatar/forums.speedlife.net/blue_eyed_devil/32/7292_2.png) [@Blue\_Eyed\_Devil](https://forums.speedlife.net/u/Blue_Eyed_Devil)
#### Post date: [February 9, 2013, 3:23pm UTC](https://forums.speedlife.net/t/legality-of-wage-garnishing/228627/20 "2013-02-09T15:23:30Z")

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Ok, you weren’t sure about commission before. If she is getting just minimum it is most likely 100% illegal. And there could be tax issues as well.

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