Law forbids boss from docking worker for damage

DEAR CARRIE:My 24-year-old son recently started working as an installer for a local custom-closet company. He thought it was a friendly place because the owner hired him on the spot on a handshake.

He discovered a different place when he made a mistake on the job that the owner claims cost the company $1,000. The very next week, when my son was supposed to get paid, the owner did not give him his paycheck because he said my son had to "pay back" the mistake he made. Nor did my son get any of the overtime pay he had earned. My son, who is an hourly employee, averages about 10 hours a week in overtime, and he needs the money.

He takes pride in his work. He was very upset about his error, even though he had confirmed the proper installation method with a co-worker. And he apologized. The owner, although upset, seemed to understand, especially since he knows my son. But he later demanded payment. Can he legally do this?

- You Break, You Pay?DEAR YOU BREAK: The boss' behavior is blatantly illegal. New York State labor laws explicitly forbid employers from charging employees for damages.

Employers can neither deduct it from employees' checks nor can they demand separate payments.

Here is what Section 193 of the labor law says:

"Employers may not deduct from wages the cost of breakage or spoilage of materials; nor may employers make wage deductions in any indirect manner, such as requiring a worker to pay for shortages by means of a separate transaction."

What's more, except in cases of taxes or governmental rulings, employers can't deduct from an employee's pay without the worker's permission.

The boss is not only violating state labor law, he could also be violating state and federal overtime rules by not paying your son for overtime.

Those laws state that employees must earn overtime when they work more than 40 hours in a workweek. On the federal level, employees must earn at least 11/2 times their hourly rate for every hour over 40 in a week. Employees subject only to New York State overtime earn 11/2 times the state minimum wage - $7.25 an hour - when they work more than 40 hours a week. The federal overtime rate is also $7.25 an hour.

So the boss could be facing both federal and state Labor Department fines. Your son would be doing the boss a favor by apprising him of his labor law violations.

One thing to bear in mind: Even though the boss can't demand payment from your son for the damage, he can fire him. Like most states in this country, New York is an employment-at-will state. That means that without the protection of union or employment contract, a worker can be let go at any time and for any reason, unless the reason involves discrimination.

DEAR CARRIE:Did you ever hear of unemployment insurance for seasonal golf pros and possibly tennis pros? A friend who is a golf pro with a local country club was able to collect unemployment during the winter while the club pro shop was closed. As a member of the club, I find this unbelievable. Do they really qualify for unemployment?- Unseasonable Benefits?DEAR UNSEASONABLE: Yes, the person could qualify.

One of the qualifications for receiving jobless benefits is the loss of temporary or seasonal employment. But the person also has to meet certain income and hour requirements.