Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Many of our company's projects are on military bases which…

Many of our company's projects...
Many of our company's projects are on military bases which require a specific type of access/ security badge issued by a private company. In the past, our company has always picked up the tab to obtain the security badge for employees; however, we often find ourselves in a situation of having paid $200 for a new employee to get their security badge, and then the employee turns around and quits/ abandons their position. We want to know if we can implement a policy in which new employees will need to pay for their own security badge?
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
3/7/2018
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
Experience: Years of experience in running a medium sized law firm.
Verified

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

What state is this in, please?

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
California

Thank you. Under federal and CA laws, employers can deduct certain expenses from an employee's paycheck as long as it does result in the amount received being less than the minimum wage. This includes keys and badges, for example. However, an employer cannot penalize an employee with a deduction from wage earned for quitting early.

So this would not be proper. What one may wish to do is to deduct the $200 automatically, and then perhaps give a "bonus" of... say... $250 once the employer passes a certain period mark with the company.

Makes sense?

Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved rudeness or wrong information. Please be kind!

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Okay. So, we could withhold the badge cost from the new employee's paycheck and then, if they work with us for three or six months, we offer a bonus of $250? Would another option be to tell new hires they can choose to purchase their own badge, and if they do so, they will be paid more per hour than they would be if they choose not to (say we pay them $16/ hr if they get the badge v/s $15/ hr if they don't). And then if they choose not to purchase the badge, they will remain at the lower rate and will not be able to work on military base projects (which will also potentially lower their hours).

Okay. So, we could withhold the badge cost from the new employee's paycheck and then, if they work with us for three or six months, we offer a bonus of $250?

Yes. I say $250 because making it the exact amount of the badge can show that one is trying to defeat the spirit of the law by the letter of the law.

Would another option be to tell new hires they can choose to purchase their own badge, and if they do so, they will be paid more per hour than they would be if they choose not to (say we pay them $16/ hr if they get the badge v/s $15/ hr if they don't). And then if they choose not to purchase the badge, they will remain at the lower rate and will not be able to work on military base projects (which will also potentially lower their hours).

While this is legal, in a long shot, a creative employee can try a claim for discrimination, claiming that minority employees who have LESS MONEY TO AFFORD the badge are categorically paid lower as a result. So... I wouldn't do that.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
Got it. So, let new hires know that an initial security badge fee of $200 will be withheld from their first paycheck but if they reach X mark with us, they receive a bonus of $250. Two follow up questions on this: 1) what happens if the employee does not meet the "x mark" with us by either quitting or abandoning their position, and 2) the badges are required to be renewed annually, could we apply a similar policy for the renewals (renewal fee will be withheld but the employee receives x perk for remaining with us when they reach x benchmark)?

So, let new hires know that an initial security badge fee of $200 will be withheld from their first paycheck but if they reach X mark with us, they receive a bonus of $250.

Sounds like a plan.

1) what happens if the employee does not meet the "x mark" with us by either quitting or abandoning their position,

They don't get the bonus. But the money for the badge has already been withdrawn.

2) the badges are required to be renewed annually, could we apply a similar policy for the renewals (renewal fee will be withheld but the employee receives x perk for remaining with us when they reach x benchmark)?

Yes. So say $250 every year as a bonus... lump sum.

Kind Reminder: Please, use SEND button to keep chatting, or please rate positively and click SEND to submit your rating once satisfied. You may always ask follow ups at no charge before or after rating. "I STRIVE FOR FIVE!"

Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
Experience: Years of experience in running a medium sized law firm.
Verified
Ely and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,491
103,491 Satisfied Customers
Experience: Years of experience in running a medium sized law firm.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,976 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,406 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,335 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,991 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
My employee deduct around $500.00 from my check because a
My employee deduct around $500.00 from my check because a mower rolled off the trailer( while parked). It rolled into a truck parked in a drive way and caused minor damage. I did not give verbal or wr… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
Lunch deductions from payroll but was never given the time
Lunch deductions from payroll but was never given the time to take my lunch … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer is implementing a new minimum wage but not
Hi. My employer is implementing a new minimum wage but not applying veteran employee raises unless they find out and bring it up to HR. In some cases Employees never recieved the new min wage and were… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
The minimum wage for exempt employees has been changed to
The minimum wage for exempt employees has been changed to $913.00 per week. if a employee works for a company and that company has a partnership 50% in another company and he works for both companies … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
We are in the settlement phase of a discrimination case with
We are in the settlement phase of a discrimination case with my employer through Div of human rights. I am presently on Ltd through this employer . Do I need to report the monetary settlement amount t… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
Our business is in Oregon... Provided I meet minimum wage
provided I meet minimum wage laws, is it ok to pay one employee more per hour (because the produce more). Or do I have to pay them both the same regardless of production? … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,335 satisfied customers
I am looking for help in a case of an employer deducting
Second opinion] I am looking for help in a case of an employer deducting wage from my paycheck for a retirement account and for several years not putting any of my own money in that account.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I want to know if the wage deductions my company plans on
I want to know if the wage deductions my company plans on making are legal. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
State minimum wage is $11.50 starting January 1st 2018.
Washington State minimum wage is $11.50 starting January 1st 2018. Employees are going to be paid January 3rd for work done in December 2017, minimum wage was $11. Which amount I should use? 11.00 or … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I want to file a wage discrimination claim. I make $2.00
I want to file a wage discrimination claim. I make $2.00 less per hour than a coworker who does the same job. … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,406 satisfied customers
I have a question about Wage deductions in county, Illinois.
I have a question about Wage deductions in cook county, Illinois … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,251 satisfied customers
What is the minimum wage in Maryland? The paycheck shows
The paycheck shows regular 80 hours for 2 weeks with an overtime of 10 plus hours. The paycheck is the same each week - … read more
Ely
Ely
Counselor at Law
103,491 satisfied customers
Live in Florida, can an employer just pay me minimum wage
Live in Florida, can an employer just pay me minimum wage for my last paycheck even if I was suppose to get paid more … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,976 satisfied customers
My employer is trying to deduct my wages for a bus ticket
My employer is trying to deduct my wages for a bus ticket home. … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I want to know how much is minimum wage for a part time
I want to know how much is minimum wage for a part time salaried employee in California … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,757 satisfied customers
Although there is a Federal minimum wage on salaried
Although there is a Federal minimum wage on salaried employees. Does the law apply in the state of Texas? … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,335 satisfied customers
Can an employer deduct part of my wages other than standard
can an employer deduct part of my wages other than standard deductions, that are not court ordered? … read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers
I need help understanding the minimum wage law for
I need help understanding the minimum wage law for server/cashier at a restaurant who makes tip. Can you help me understand the section below?§ 146-1.3. Tip credits. An employer may take a credit towa… read more
John
John
Employment Lawyer
Doctoral Degree
3,991 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x