Legality of "Wage Garnishing"

Some girls don’t get commission at all. Just about anyone who works for REGIS corp including places like Supercuts, the hair places in wally world, Mastercuts, cost cutters, etc… None of those girls get commission. They do get commission on product sales IIRC, if they go over a certain (ridiculously high) amount they get 10 or 15% I think. Commission isn’t a requirement if they’re getting minimum wage.

If the owner of her salon gives it out as a “bonus” in her check and there’s no actual deduction I don’t think anything can be done. Obviously it’s not a good business practice if you want happy employees…
Definitely worth a talk to the labor board though, they get back to you super fast by email… like an hour or two.

If she made below minimum wage like a waiter then I’d agree with you.
But above minimum I highly doubt anything can be done.

^Email is the best way then? Do they interview each employee?

It was the most convenient for me at the time. I had pretty poop cell reception at my house at the time.
It’s also the easiest way for me to gather up my thoughts instead of calling and getting nervous then remembering things I forgot to mention after the conversation is over.

They just asked me a couple questions via email. I wasn’t an employee of the company at the time so they couldn’t investigate it unless a current employee says something. It was a company I was interviewing for and their method of paying overtime was a little sketchy.

Have to see if I still have contacts in my email after I got wrapped up in an inquiry with the state personally…

My husband works for a payroll company and this is totally ILLEGAL to do. He suggests to contact an attorney or the labor board.

I got a check from a former employer that got investigated by the labor board. They owed us money for a lunch break that we didnt always take yet they took a half hour of our pay per day regardless. It was a pleasant surprise considering I didn’t work for them anymore.

Labor board will straightened this mess out.

I would think just from an accounting and taxation standpoint, this arrangement wouls skew some figures. Is this salon owned by Enron or Goldman Sachs? Worker’s comp insurance is based on gross payroll figures. Payroll taxes, FICA, SS, etc. would all be wrong because income would be diverted directly to capital improvements basically without going through the state tax machine. I could be wrong, but anytime the state loses it’s chance to harvest it’s pound of flesh, you can bet they’re gonna see a problem with it. Let’s not forget the federal viewpoint here either.

Or they are paying taxes on money SHE is receiving (taking).

Lol I got one from wally world before… They would have us work through breaks since breaks were considered a privilege if time allows, and not guaranteed to us… I worked there when I was going to school, and a few years later I got a check for a few hundred from a class action against them for my years worked there.
In for results! (and the salon name)

if it’s pre or post tax would be interesting to know.

I read somewhere that it’s not up to the employees to pay for renovations or the like, it’s the cost of doing business. I think the back story was someone at a pizza place was stealing markers and the owner took money from every ones paychecks to teach them a lesson/cover the cost.

I am an attorney

This rests on her employment contract.

If she’d like to contact a labor and employment attorney to bust some skulls, PM me.

WHERE WAS THIS FROM?

Jesus, I swear I knew I wasn’t going crazy lol. I remember seeing the story and thread somewhere and I wanted to post it here but I couldn’t remember lol.

My wife emailed the board of labor.

I have a question regarding something that my employer is doing that I believe is illegal. I will briefly explain but if someone could contact me to further discuss it I would really appreciate it. I work at -------, a hair salon in the ----- area. I do not rent a chair, I am paid hourly plus comission. Approx. 6 years ago, my employer took out a loan to pay for some renovations done to the salon. To pay for this loan, every employee must take $1 from each client they see which goes towards paying for this loan. For example, if I bring in $500 in one week, and have 30 clients in that week, I subtract $30 from the $500 I brought in. So my commission is then figured on $470, not $500. If I’m making 50% commission, thats $15 every week that I’m not getting. I don’t understand how an employer can do improvements on THEIR property and then tell their employees that they are responsible for paying for it. It seems fishy to me and I would like to talk to someone further about it. I don’t know who directly to contact. If someone could return my e-mail and tell me who to contact or give me a call that would be great.

She called them based on a response back this morning. She asked if the gentleman received her original email. The person on the other end proceeded to be very rude, and basically stated “she’s your employer and can do whatever she wants” needless to say we didn’t really get an answer, and it upset my wife…she’s going to stay looking for another job this week

Sent from my Galaxy Nexus using Tapatalk 2

After reading that, I am inclined to think there is nothing illegal about that. Shes changing the way commission is paid/calculated, which can happen anywhere really. If she wanted to save face in front of her employees, she should have spun it differently, but i doubt its illegal to do it that way.

So do you even know how your gf gets paid?

that was a poor email she sent. you need to ask the relevant question and not have a story time. more like “I make min. wage + tips, can my employer deduct $1/hour for any reason?”

Sounds like she gets paid Hourly+Commission+Tips. The proprietor has decresed the commission pay. As long as the wage is not below the legal minimum, anything is fair game. Pay cuts happen.

In the end, it’s probably legal. Like I said, it’s a pay cut. Doesn’t matter if the money is used for rennovations, or if it’s used for the proprietor to buy cocaine.

Sucks nonethless.

Still in for salon name and terrorist hassling of them after she leaves. Even with others posts, I get the pay cut viewpoint but the way in which the employer us going about this doesn’t sound legal.

If this is simply the owner changing how commission is calculated and not fucking with hourly wage etc I don’t see it being illegal.

I know NYS requires a acknowledgement of pay rate and pay day under section 195.1 of NYS labor law and you have to sign a copy each year.