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Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 35769
Experience:  16 years practicing attorney, JD, BA, MBA
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Can my employer deduct 20% of my paycheck because my time sheet

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Can my employer deduct 20% of my paycheck because my time sheet is a day late. There is an electronic time card that was submitted on time, but the one with the wet signature was a day late and they have a policy that they "fine" employees 20% of their paycheck if the originals are not received by 10 am on due dates. Mine was sent the following day because I was out of town.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Do you have any type of written agreement with the employer where you agreed to allow them to do this?
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Or did they just impose this "fine" on employees unilaterally?
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Thanks
Barrister
Customer: replied 4 years ago.


I have no written agreement with them. They imposed the fine unilaterally with statements in our check stubs and a poster in the employee break room.

Thank you for that additional information. From a legal perspective, they are not allowed to do this and this would be considered a violation of the labor laws. I would suggest that you contact the Industrial Commission of AZ and file a formal "wage and hour" complaint. They can investigate the complaint and the company's payroll practices. If they find a violation they can compel the employer to repay all employees they have done this to as well as potentially be fined for the illegal practices.
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The Dept will take cases when the pay owed is less than $5,000 and it doesn't cover a period over a year. The employee may file a wage claim with the Department under A.R.S. § 23-350.
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Then once an order is issued by the Dept, if the employer doesn't comply with any payment order within 10 days, they are liable for triple the amount of any unpaid wages.
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You can contact them here to file the complaint: http://www.ica.state.az.us/Labor/Labor_WagClm_main.aspx
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Thanks.

Barrister

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