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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118789
Experience:  20+ Years of Employment Law Experience
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I am a salaried exempt employee. A crew member of mine

Customer Question

I am a salaried exempt employee. A crew member of mine scratched a vehicle that I was signed out to me. Although, I was not the driver of the vehicle, my company is deducting damages out of my wages. Does this violate the FLSA for salaried employees? Additionally, I work 7 days a week and have not had a day off since 9/17/2016. I know being salaried you basically work for free, but do I have some rights in regards ***** ***** a day of rest?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First, they are not allowed under the FLSA to deduct anything from wages unless you have signed a specific agreement stating they can deduct vehicle damages from wages. If you did not sign any such document, then you can file a complaint with the US Department of Labor Wage and Hour Division. As to whether or not they can make an employee liable to pay for damage on a company vehicle, if the employer has such a policy, they can indeed hold an employee liable to pay for damages.
AS far as days of rest, that is not required under federal law and very few states have a day of rest law for employees, so depending on your state, you are not likely going to be entitled to one as an at will employee.
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Customer: replied 11 months ago.
I found this in my initial employment agreement when I was first hired. I've since had various positions with the company and have not signed a new employment agreement. I wasn't driving the vehicle. So, I'm not sure why I would be at fault.p) To pay auto insurance deductible or repair costs of the vehicle or other property (whichever is less) if Employee is found at fault of the accident or incident.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

Did it say you authorize them to deduct the payment from your pay?

Customer: replied 11 months ago.
Nowhere in the contract does it say "I authorize deduction from pay". Above my signature, it only states this:IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
Expert:  Law Educator, Esq. replied 11 months ago.

If you did not authorize them to make the deduction from pay, according to the FLSA they cannot do so and you can file a complaint with the US Department of Labor for that.

As far as the charging you for the damage, if they did not prove you did the damage, then you have a right to dispute that with them as well and could sue in small claims to recover the money they have taken from you, but you will have to provide the proof you did not do the damage they are claiming.