My employer is deducting $100 from my payroll every week without my signing an agreement.

Your employer should not deduct from your wages without your consent. The reasoning is different for exempt and non-exempt employees. For exempt employees, deductions from pay will destroy their exemption. Exempt employees must generally receive a fixed salary for all of the hours that they work in a workweek. “[A]n exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked.” 29 C.F.R. § 541.602 (emphasis added). The FLSA generally does not allow for any deductions from an exempt employee’s salary on account of the quality of their work. Id. There are some exceptions to this prohibition on deductions – such as deductions to reflect jury pay – but they are very narrow and none of them apply to situations such as cash register shortfalls. The problem is different, but equally insurmountable, with respect to non-exempt employees. Ohio law generally forbids any deductions from employee pay (except those allowed by other laws, such as deductions for employment taxes and health insurance premiums). Ohio law does allow employees to authorize other deductions, but they must do so in writing, and even then are only allowed under very narrow circumstances: “(a) [the] purchase of United States savings bonds or corporate stocks or bonds, (b) a charitable contribution, (c) [a] credit union savings or other regular savings program, or (d) [the] repayment of a loan or other obligation.” Ohio Rev. Code 4113.15(D)(3). Regarding the latter, the obligation must already exist for the deduction to be authorized—assignments of future wages are always prohibited (except in certain family support circumstances not relevant here). Ohio Rev. Code 4113.16 (“no assignments of future wages … are valid”). In addition, under Ohio law, an employee may agree to a deduction for the damage of “wares, tools, or machinery” without coercion but must do so in writing. See O.R.C. § 4113.19.

I would recommend that you contact an employment attorney to discuss the particulars of your case. An attorney would want to know if the employer had a policy in place regarding accidents and equipment damage and if the policy was uniformly applied to its employees. The fact that you informed dispatch that you did not have the proper equipment and they instructed you to proceed regardless is something that would also be taken into consideration in preparing a defense for your actions and reduce your negligence. My firm provides legal services with an emphasis on Employment and Corporate Law in Ohio. If you are interested in setting up a consultation please feel free to contact my office at the number listed below if you would like to discuss your case. Lori A. Strobl Strobl & Associates Co., LPA 1015 E. Centerville Station Rd. Centerville, OH 45459 (937) 496-1450 www.strobllaw.com