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John
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Category: Consumer Protection Law
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Experience:  Licensed and practicing attorney experienced in consumer protection law.
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My son works staffing agency that sent m to a company making

Customer Question

My son works for a staffing agency that sent him to a company making transformers for solar panels. My son is in a lead position and he and his techs build the transformers and mistakes have to be fixed before shipment. Yesterday management told the workers that when a mistake was found the tech responsible and the lead would each be charges $9.00 for the mistake. These mistakes do not in any way damage the transformer. The company and not the staffing agency told them this. Is this legal? And if so they may have a mass exodus on their hands. We are in the Ft Worth, Texas area.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  John replied 1 year ago.

First and foremost it is illegal to withhold or deduct anything from his check without his express permission. So to whatever extent charging that to the employee means withholding it from their wage, that is clearly illegal. But what they could be saying is that they'd withhold it from the staffing agency, perhaps. There may for example be an arrangement between the staffing agency and company wherein the staffing agency charges the company $X and pays the hourly wage to the employees. It would not be illegal for the the company to withhold from the staffing agency. The staffing agency also cannot withhold from the employees pay without their permission. So, the short story is neither of them can withhold from your son's pay as by law he cannot have such a withholding without giving express permission. If a withholding like this did occur, I'd suggestion filing a claim with the Texas workforce commission.

Expert:  John replied 1 year ago.

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