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P. Simmons
P. Simmons, Attorney
Category: Legal
Satisfied Customers: 33104
Experience:  16 yrs. of trial experience
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In New Jersey, is it legal employer with 50+ employees to

Customer Question

In New Jersey, is it legal for a employer with 50+ employees to deduct wages for ADA?
Submitted: 10 months ago.
Category: Legal
Expert:  P. Simmons replied 10 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

Sorry...I want to make sure I understand...what do you mean by "deduct wages for ADA"?

Customer: replied 10 months ago.
I have exhausted my FMLA time (12 weeks) I am a salaried employee for 8 years this March 3, 2016. When I received my paycheck, they have deducted 22 hours for ADA. Also, they doc my pay when I have to leave 2 days a week for Physical Therapy (1/2) day or a Doctor appointment. Is this legal? Everything else I've read says NO. Please help me because I have to resolve this TODAY.
Expert:  P. Simmons replied 10 months ago.

Thanks

But what does that mean "deduct 22 hours for ADA"

They are making you work the full time but then not paying you?

Customer: replied 10 months ago.
It's the Americans with Disabilities Act. They are deducting the time that my neurologist requested that I needed off to detoz from all the pain medications that I have been taking due to my hip operations for Avascular Necrosis and Osteoarthritis in both hips.
Expert:  P. Simmons replied 10 months ago.

Thank you
I understand the ADA. But I want to make sure I understand what the employer is doing (to see if it meets the ADA requirements)

So your doctor has said you need "time off", and your employer is giving you that time off? Is that correct?

If not can you explain what is happening?

Customer: replied 10 months ago.
I took the time off, without pay, so they are deducting that time required and requested by the doctor from my pay. They made me use all my vacation, sick and personal days before begin my disability benefits
Expert:  P. Simmons replied 10 months ago.

Thank you
So are you asking if the employer is required to pay you for this time off under ADA?

Customer: replied 10 months ago.
IN NEW JERSEY. This is what I sited. This information is taken “directly” from Under the Fair Labor Standards Act (FLSA),
Salaried exempt employees must receive their full salary in any week in which they perform any work, subject to certain very limited exceptions. (See the U.S. Department of Labor, Employment Standards Administration抯 Wage and Hour Division for additional information or call 1-***-***-**** if you have questions.)
When not all employees can work from home, we encourage you to consider additional options to promote social distancing, such as staggered work shifts.
Customer: replied 10 months ago.
Can you just confirm this? Actually, I don't even need you have to
Expert:  P. Simmons replied 10 months ago.

THanks
And I agree with that language (that is the law in NJ and in all states)

But did you work from home?

Customer: replied 10 months ago.
Well when I was on disability I was in constant communication because a manage the entire office and support over 50+ employees. They don't have a WORK FROM HOME POLICY. So I got paid for absolutely nothing. Even when I am just ill, I always work from home, but they refuse to pay. It is a Chinese company and they work their Chinese employees to death. No one is an American citizen. They are here on work visa's, so they are trapped. Not even one (1) Executive is a Citizen.
Expert:  P. Simmons replied 10 months ago.

Thank you
The ADA requires an employer to provide an employee with a "reasonable" accommodation for a disability

HOWEVER, the ADA does not require that the employer provide the employee with paid time off. There is nothing in the ADA that would require this

If you received time off and were not paid? That would actually be consistent with the ADA (again, the ADA does not require paid time off for employees)

Now...if they made you work and and not pay you for the work? That is NOT an ADA issue...that is a basic employment law issue and you can report this to the NJ department of labor here

http://lwd.dol.state.nj.us/labor/wagehour/complnt/filing_wage_claim.html

Bot***** *****ne: the ADA does not require they give you paid time off. But if they are not paying you wages for work you performed? You can report that to the state department of labor

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Expert:  P. Simmons replied 10 months ago.

follow up

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.