23-352. Withholding of wages
No employer may withhold or divert any portion of an employee's wages unless one of the following applies:
1. The employer is required or empowered to do so by state or federal law.
2. The employer has prior written authorization from the employee. An employer shall not withhold wages under a written authorization from the employee past the date specified by the employee in a written revocation of the authorization, unless the withholding is to resolve a debt or obligation to the employer or a court orders otherwise.
3. There is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim or any claim of debt, reimbursement, recoupment or set-off asserted by the employer against the employee.
Thank you very much. Because he is a minor and neither of us were present when he signed this paper I do not feel it is binding, is it? The document he signed was for equipment damage nothing to do with vehicles. I guess he could argue that a company truck is equipment, maybe just a matter of interpretation.
However, he has also violated the minor driving rule under DOL child labor laws. A minor 17 years or younger may not drive more than 2 hours per day and no more than 50 miles per day. My son is doing far more than that and working 12+ hours per day. Is there anything else I need to know? This company is paying him under the table, no taxes, no workers comp insurance and has undocumented workers. My advice to my son was do not converse with this individual or show back to work at this time.
You experience and knowledge is valued and I greatly appreciate the plan. I am a Risk Manager and have some knowledge but I am smart enough to get legal advice when necessary. Thank you again Marsha.
Absolutely Marsha. A more than positive review. Sometime one needs to just know that their thought process is on the right track. I don't like to fight all my sons battles but this one he is being taken advantage of and that does not sit well with his father and I.
Again thank you.
Thank you and all went very well. I crafted an email to the business owner explaining the illegality of his work practices and told him to pay our son for everything that was owed to him and absolve him and his us of any responsibility for the accident, monetarily or otherwise and that our son would not be coming back to work for him. We gave him a deadline to respond and he sent a courier yesterday with the required payment and letter. Thank you for your assistance.
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