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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 53818
Experience:  Licensed attorney helping employers and employees.
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I work outsourcing firm headquartered in New Jersey, at a

Customer Question

I work for an outsourcing firm headquartered in New Jersey, at a client in New York. I live in New York. I am exempt from overtime and full time. Employer set new rule yesterday that they are going to hold back 5% of salary and only give back if we are all 85% chargeable, with no consideration of vacation days. To get to 85% I would have to work 5 full vacation days. Is this legal??
Submitted: 8 months ago.
Category: Employment Law
Expert:  Infolawyer replied 8 months ago.

There is no legal basis to hold back salary. This violates state and federal labor law and may be pursued through HR, labor department, and court respectively. The employer could cut pay prospectively going forward, but cannot withhold earned salary.

Expert:  Infolawyer replied 8 months ago.

I am licensed in NY and NJ. Kindly let me know if that is fast and helpful.

Expert:  Infolawyer replied 8 months ago.

Please rate me positively.