QUESTION

Is it legal for an employer to deduct wages to pay for an auto accident ?

Asked on Apr 30th, 2018 on Labor and Employment - Texas
More details to this question:
Got in a auto accident on may 1 2018 and was being deducted $50/wk from my check to pay the insurance deductable is this legal
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
In Texas, an employer is not permitted to make deductions from wages (except for taxes and court-ordered child support) unless it has the written consent of the employee to do so.  That consent must be specific.  Further, even if the employer has the appropriate consent, its additional deductions cannot cause the employee to make less than minimum wage for any given week. If your employer did not have consent to make the deductions it made, you can file a wage claim with the Texas Workforce Commission's Labor Law Department - you can find it and the forms on the Commission's website.  Caution: the law that governs this issue has no anti-retaliation provisions.  So if you are still employed with the subject employer and he/she/it gets mad because you filed the complaint, there is no protection for you if the employer terminates your employment. Good luck.
Answered on May 12th, 2018 at 7:21 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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