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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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my employer has the technicians labor rate in the computer

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my employer has the technicians labor rate in the computer as $39.00 an hour but the technician only makes $32.00 an hour, is this legal when i get paid bonuses based on increases in sales and profit?

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is an issue,

wallstreetfighter :

does the employer have a policy that sets the rate?

wallstreetfighter :

Or are they bound to pay the state prevailing wage?

wallstreetfighter :

Under the law in VA,

wallstreetfighter :

an employer sets the wages, unless a Union contract or Government regulates the wages

wallstreetfighter :

If the employer has created a contractual agreement with the employees,

wallstreetfighter :

you can file a wage complaint or lawsuit,

wallstreetfighter :

claiming the employer violated or breached a contract.

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

Customer:

everything in the computer is based on the shop charging a labor rate of $85 an hour, the times entered for any services calculates the amount charged to the customer and the computer also calculates the wage the technicion earned as well..it clearly shows him making $39 an hour and he stated to me that he only makes $32 and showed me his paycheck.. this is fraudulent to me.. it calculates to over $40,000 difference in what the technician earns and what the computer says, which in turn affects my bonus because its being calculated off of bogus figures.

wallstreetfighter :

You can could consider a lawsuit against the employer if you feel the payment is unwarranted and a breach of contract,

wallstreetfighter :

You should verify the damages you faced due to this payroll issue, and see if the employer violated your agreed upon wages.

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