In the state of Massachusetts, is it legal for an employer to take money from future paychecks because they "over-paid" on previous paychecks? The situation is I got hired for a lifeguarding and swim instructor job at a gym. I would get 12$ an hour for lifeguarding and if I had lessons, I got paid a commission of the lesson's price, which for the hour lesson was basically 20$. After the first paycheck in which I paid for guarding and giving lessons (as in say in my first hour of work I had a lesson, which I got paid for and for guarding, essentially making 32$ that hour) and from my discussions with the owner before being hired, I thought that is what it was supposed to be. Eventually, after about a month and half, if not more, as I was picking up my paycheck the person in charge of doing payroll
mentioned that she was writing a letter (which I never received or heard about again) for me informing me that there was an error with how I was getting paid. Basically instead of both, it was either or depending on what I was doing. I was okay with that, since I also got to work out for free which is why I got the job in the first place. However, I noticed that they took, at least in the first check after that, but I believe it was from a couple, hours off that I worked and reduced the hours I taught, thus paying me less. On the most impressive of these deductions
, in a week in which I definitely had 14 hours on the clock, I ended with about 2 and like 1 lesson on said check. When I asked about this situation and them taking money that they "over-paid" me, I was told that they were taking their money back and any company would do this in some form. So. (sorry for the long story) I want to know, is it legal for them to take away pay from future checks to "pay back/put towords" the money they already paid me and I put in my bank account? I mean, the error was not with me in any sense and I thought that is how I was to get paid. And I do an excellent job. Need a swim instructor? ;)
JA: Because employment law
varies from place to place, can you tell me what state this is in?
Customer: Massachusetts (its also written in that big spiel above).
JA: Have you talked to a lawyer yet?
Customer: no. I just asked about this at work and I thought it was strange, and after that answer I got in person, decided to look online. This was one of the first things that came up and so I thought i'd ask
JA: Anything else you think the lawyer should know?
Customer: No. I don't think so. I mean, from what I was told when getting hired, and from what my first check and checks afterwards were. I was getting paid the right way, and also bringing the gym a lot of return customers for my efforts. I never got the letter which I think, due to its nature, should have been a certified mail type document and I don't think I should have to pay for their error.