Originally Posted by TheNewGirl
It is completely against the law to dock an employee's pay of anything but income taxes and other government mandated cases (like if your wages have been garnished) without an employees written consent to do so.
That's why I added "(try to)". Lotta places still do it... and get away with it because employees don't know the law.
Unfortunately, I've also seen instances where new hires are given an "employee handbook" when they start, and are asked to read and sign it... these things usually include sections on dress codes, conduct, etc... and a section that states the employer is allowed to dock wages, or other such "illegal" practices... and just like people click through software EULAs without reading them, people tend to just sign off these handbooks without actually reading them.
In the case of a company I worked at once, their "handbook" stated that overtime was banked in a time bank, calculated at 1:1 (1 hour OT got you 1 hour in the time bank). ESB states that OT be paid, with companies given the option to provide a time bank, and employees given the option to use it, but with the banked time calculated at time-and-a-half. Several times, employees would ask about getting paid their OT (even at 1:1), and be refused, with HR citing the handbook and the fact that the employee had signed it and thus agreed to their terms. Some even printed out the section from the ESB website and brought it in, only to again have it pointed out that they had agreed to the company's terms.
One guy finally took it to the wall and got ESB directly involved: he got his time off (at time and a half), AND his OT pay; the company was smacked down, and that was the end of that little ploy.
I really wish more people in these sorts of jobs were more aware of their rights. Should your boss ever do this to you you should inform him/her that it is against the law for them to do so and if they don't re issue your pay cheque for you, contact employment standards and proceed with arbitration.
It's sad that so many people don't know their own rights as employees. It's worse that so many companies try to take advantage of that ignorance... it may even be worse than that, that some companies don't actually know the law, either.