QUESTION

can a business make employees pay for a piece of equipment left on a job site?

Asked on Dec 29th, 2015 on Labor and Employment - Texas
More details to this question:
A rotor tiller was left on a job site overnight and stolen. The owner is suggesting the crew responsible pay for the tiller.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Two issues arise with this question.  First, an employer may not withhold wages from an employee's paycheck without specific written consent. Texas Labor Code Chapter 61 (Texas Payday Act).  Some employers obtain such an agreement as part of the initial hire package.  Try to remember what you signed when you hired on.  Also the agreement must be specific.  Something like "Employee agrees that employer may withhold from employee's paycheck any amounts owed by employee to employer" would not be sufficient.  Somenthing that mentions "lost or stolen tools" may be sufficient. Second, the employer may not withhold an amount from a paycheck that would result in the employee making less than minimum wage for the week(s) represented by the paycheck.  Example:  Employee makes $10.00 per hour and works a 40 hour week and is paid $400.00 each week.  Employee has signed the appropriate documents permitting withholding of wages for lost tools and the employee has lost certain tools.  The employer withholds $150 dollars from a single paycheck to cover the cost of the lost tools.  This withholding results in the employee making $250 dollars for the week or $6.25 per hour for that week.  Minimum wage is $7.25 per hour, so that witholding would be unlawful.  To get around this and assuming the employee has signed the appropriate documents, the employer may withhold a smaller amount from several checks, which withholding would not reduce the employee's wages below minimum wage. Good luck.    
Answered on Jan 04th, 2016 at 7:16 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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