Pay Issue

[Answerseeker121]

Hi,

My Girlfriend was working for a daycare and the Daycare agreed to let her kids attend the daycare while waiting on the state to finish her paper work in regarding assistance with paying the daycare. While she was working there they were also having her children in the same room she was in which I thought was illegal to begin with. She has been working there for the last month if not a few weeks longer than a month. They have only been working her for 3 to 4 hours a day. A few weeks ago her boss came to her and said that they were going to have to discuss a possible suspension or docking her pay because the state was dragging their feet on providing the assistance she required. During this week her boss avoided her and the conversation and then just last week came to her and said well I took a little over 50% of your pay and will be keeping your entire next check. Is this something they can do even though the owner of the daycare knew the situation and still let this go on. Not to mention she was watching her own children most the time. It wasnt like she was dropping the kids off and leaving she worked there while watching her own kids?

 

[army judge]

Hi,

My Girlfriend was working for a daycare and the Daycare agreed to let her kids attend the daycare while waiting on the state to finish her paper work in regarding assistance with paying the daycare. While she was working there they were also having her children in the same room she was in which I thought was illegal to begin with. She has been working there for the last month if not a few weeks longer than a month. They have only been working her for 3 to 4 hours a day. A few weeks ago her boss came to her and said that they were going to have to discuss a possible suspension or docking her pay because the state was dragging their feet on providing the assistance she required. During this week her boss avoided her and the conversation and then just last week came to her and said well I took a little over 50% of your pay and will be keeping your entire next check. Is this something they can do even though the owner of the daycare knew the situation and still let this go on. Not to mention she was watching her own children most the time. It wasnt like she was dropping the kids off and leaving she worked there while watching her own kids?

That sounds fishy, if not illegal to me.

Your state (Missouri) has no state agency that will investigate these kinds of matters and get her money, if it was taken illegally.

Some lawyers say wage and hour laws are very ineffective and deficient when compared to your neighboring states, and many of the other US states.

Your friend may have to file a claim with an attorney to pursue the wages that were snatched from her.

She could try a small claims action, but that might hurt her, more than it helps her.

Your state's wage and hour laws are unusual.

In Missouri, you have to file a private lawsuit to enforce the state's overtime and minimum wage laws.

If you have a wage/hour claim, do not delay in contacting an attorney to initiate a lawsuit on your behalf.
There are strict time limits in which wage claims must be filed.
In order to recover under state law in Missouri, you must file your lawsuit within two years from the date your claim first arose.
You could also have other legal claims with shorter deadlines, so waiting or delaying the filing of your claim could cause you to not be able to file a claim.

In the meantime, here is some informative insights by MO lawyers:

http://www.timslaw.com/wage-problems.htm

http://www.rigganlawfirm.com/Employ...covering-Unpaid-Wages-Under-Missouri-Law.aspx



This is why you need a lawyer, penalties that could be due the injured employee.
The lawyer's efforts are also apparently compensated by the employer, if the lawsuit prevails.


3. Underpayment Of Wages, Mo.Rev.Stat. § 290.527
Any employer who pays any employee less wages than the wages the employee is entitled to is liable to the employee for the full amount of the wage rate, plus an additional equal
amount as liquidated damages, less any amount actually paid to the employee by the employer and for costs and reasonable attorney's fees. Any agreement between the employee and
employer to work for less than the wage rate is no defense. An employee has two years within which to bring an action for a deficiency in wages.


4. Proper Wage Deductions, Mo. Code Regs. tit. 8 § 30-4.050
An employer may deduct the fair market value of meals, lodging, and other goods and services as a credit toward the payment of the minimum wage to an employee provided that they
are voluntarily received by the employee and for the private benefit of the employee. The following is an illustrative list of items that are not for the private benefit of the employee and
may not be used as a credit toward the payment of the minimum wage to an employee:
 tools and equipment;
 uniforms worn by the employee as a condition of employment;
 laundry or cleaning of uniforms;
 maintenance of tools, equipment or uniforms;
 breakage or loss of tools, equipment or uniforms;
 any other items required by the employer to be worn or used by the employee as a
condition of employment; and
 transportation furnished to the employee as an incident of and necessary to the
employment (i.e., travel costs of railroad maintenance-of-way workers).


http://www.laborlawyers.com/files/41537_Missouri State Law Booklet (Revised 2013).PDF

Good luck.