Employment/labor law
To my fellow attorneys specializing in labor/employment law; can a hair salon owner, as part of the emoyment contract, deduct a per client product charge from tbe commissions of an employee stylist?
Attorney Answers
5
Erik Hammarlund ·
Theoretically yes; practically not.
These deductions are difficult for the employer to do correctly. As it happens, I have just resolved a case for another hairdresser, on nearly identical facts. Their employer didn't handle the deductions right, so we were able to recoup all of the deductions, multiple damages, and fees.
Mass. law requires that all deductions from paychecks be previously authorized *in writing.* Moreover, in most cases the deductions need to be itemized on the paycheck. Making matters more interesting, many hair salons will misclassify their employees as independent contractors or will otherwise violate the Wage Act.
There are all sorts of reasons that the employee could try to being a Wage Act claim. It's worth talking to an attorney.
0 upvotes
Aaron Hutchins ·
If the stylist knew, understood and agreed to that provision, then I can't imagine an objection after-the-fact. People make their own contracts. If they don't like the provisions, don't sign it!
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Lauren Redmond ·
I agree with Attorney Hutchins. If you signed a contract you accepted the terms.
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Deborah Gwen RoherEmployment / Labor AttorneyFall River, MA ·
Not if the resulting compensation is below minimum wage.
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Pamela Smith ·
I've handled a similar claim for a hair stylist and took a different approach than what has been suggested. Typically, the employer must supply the employee with the materials necessary to do the job. You would not expect an employer to deduct from a secretary's wages the costs of copying paper. Or an employer would not expect an employee to supply his own shovel to dig a ditch. I would like to see the agreement to properly consider this. Plus, if she complained about this arrangement and experienced retaliation, that is prohibited under the Wage Act. Last, the employer is statutorily obligated to keep records showing the deduction for each pay period.
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