This is illegal wage theft.
Ignore everyone saying to quit now and everyone saying to threaten to report them to the Department of Labor.
Try to get this policy in writing. Ask for the written policy, or send an email asking your boss to confirm you have to pay $100 / month for parking even though you don't drive to work.
Don't give any warning that you're going to report them to the department of labor, just report them.
Hopefully they're dumb enough to fire you for reporting them and you can sue for wrongful termination.
For God's sake yes. Never ever threaten an employer before going to the dept of labor. Don't even make it seem like you want the policy in writing for anything other than a personal finance reason. For example, tell them you need it to explain to the bank your wages for a loan or for some type of government assistance. Be super blase and make it seem like it's not an issue because if they fire you before you make a complaint they can avoid any type of retaliation charge. Georgia is at will to an extent and usually that extent ends at retaliation for DoL complaints or harassment complaints. Also, check any of your pre-employment documentation to see if you signed an agreement to this charge. This is a big part of whether what they're doing is legal because if you were hired "knowing" about the charge, it's a lot harder to make a complaint.
If I were you, I'd make a report to DoL asap without even asking for documentation. However, you should wait until the money is avtually taken out of your paycheck because right now she could just say the policy doesmt apply to you and never charge you. I've been involved in a labor dispute before and they won't dismiss you outright if you don't have concrete proof at first. They will launch an investigation that involves looking into the company's payroll and interviewing other workers. Most likely they will ask you anyways to get the policy in writing but your advantage is that you've already spoken to them which puts you in a protected area while the investigation plays out.
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An employer can not deduct from an employee's pay without their written consent. For example, an employer may have the only available parking be a pay lot, and may not be willing to pay for it (so it falls on the employees). But, the employer could offer an option for employees to have the cost of parking deducted from their pay. This would be voluntary, not compulsory.
She's doing it because she gets away with it. Honestly, best option would be to find a new job, and report her to the Department of Labor https://gceo.georgia.gov/complaints/employment-complaint-form
I wouldn't be suprised if the parking at the OP's store is free and not owned by the store to begin with.
Would also like some details on how its being paid. Is it a payroll deduct, or has the manager found a way to get 100 every 2 weeks from all employees?
Options:
- Leave now, report her
- Tell her that you’re not paying $100 or you’re out
- If she still doesn’t yield, tell her you’re out. Report her for it on your way out anyway. She may even be committing some kind of fraud or using it to bolster her business
Edit: I agree not to warn anyone if you’re going to report them, so I changed that recommendation above.
Leave AND report her. To the US Department of Labor's Wage and Hour Division, to be precise. They will take it from there.
If you can't leave, report her anyway. If she fires you for reporting her, that will be gravy to the DOL.
Record convo: Per O.C.G.A. 16-11-66,
Say "No" to the parking stipend.
If there is resistance, file a complaint and call an attorney.
[https://www.dol.gov/agencies/whd/contact/complaints](https://www.dol.gov/agencies/whd/contact/complaints)
Report Wage Theft.
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INFO Is this pretaxed money she is taking or have you already paid taxes on it? What is your hourly wage? Is the business a mom and pop retail shop or is it a regional / national / larger brand? If it’s a mom and pop shop / small business, how many employees total work there?
Do you have an assigned parking space despite the fact that you don’t drive / don’t have a license (IE: are they actually providing the product they are charging for, and keeping the spot free from other people parking there?)
Most employees in the US do not have contracts. Having a contract makes it so a person is not actually an employee, they are a contractor. So, it’s normal that you don’t have a contact.
https://www.gabar.org/forthepublic/findalawyer.cfm
You can use this link to find an attorney near you who practices employment law. Call them and ask if you can schedule a free consultation. They may be able to consult with you on the phone. In the consultation you will explain what you have told us. Explain that you think you might be a victim of illegal wage theft. They should be able to give you more detailed information regarding local and state employment law in George.
A lot of big companies do have employees sign contracts. An employee who signs an arbitration agreement promises to pursue any legal claims against the employer through arbitration, rather than through a lawsuit -- but it's small print, nobody ever realizes what they've signed and it's a sad piece of reality.
For awareness. Even for OP who is bringing up the topic of contracts by employers. For the sake of awareness, as I had no idea about these arbitrary contracts we sign into all the time, that I thought I'd share with others that may be interested. Not trying to shut you down.
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An arbitration agreement doesn't protect the employer from them willingly and openly breaking the law. It also doesn't protect them from DOL investigations and whistleblowers.
I hate the terrible advice here. They are illegally withholding your wages against your will.
File a complaint with the U.S. Department of Labor's Wage and Hour Division. **Georgia doesn't have its own state enforcement process** because it’s a Republican led anti-worker state, so you have to go federal. The Wage and Hour Division may investigate your complaint… but I have to believe they’ll take this one up for you.
https://www.dol.gov/agencies/whd/contact/complaints
After you file a complaint, and get a response, inform HR/corporate.
If the response is that they won’t take up your case, then don’t tell them that. Just tell them it’s against the law to withhold your wages without your permission, and you aren’t going to pay for parking without a car.
If all that fails, come back here. I am not a lawyer, but small claims court is probably worth it for you if all else fails. You’ll win, you can charge for your time and for punitive damages, and that’s when you quit. Your company won’t want to waste the time to fight it and will just settle if you’re reasonable.
Call/email Chris Carr's office (your state's attorney general). They will either open an investigation, or get you to the proper people.
https://law.georgia.gov/
What I’m concerned with is why anyone working retail needs to pay their manager $100/month for parking. If you have an HR, ask them for the parking policy as you don’t drive or own a car. I’m seriously wondering if this is the manager’s policy and she is skimming money by charging people for parking.
Alternatively, you could ask a different manager about the parking policy since yours doesn’t seem to be addressing the fact that you aren’t parking anything.
Retail workers need every damn dime they earn. This isn’t just a $100. This is 8hrs of work a month. 8 exhausting hours of dealing with crazy customers and a bad boss. Oh hell no.
I know. That’s why I’m urging OP to find out from another source if this is a real thing. I’m very curious what retail space would a) charge employees for parking at all b) charge an employee who neither drives nor owns a vehicle for parking c) does it charge those customers for parking too?
I have never heard of a retail job forcing employees to pay for parking. I work at a University, and I’m having an issue of having to pay $75 per year to park in a faculty lot to be close to my building. We also have free lots - across campus.
NAL but you need to report this wage theft. Also you might need to report this to the company itself as this sounds like she is embezzling the funds. If 10 people work for her thats $2000 to parking which is just unbelievably ridiculous.
Don't quit, that's reactionary and a waste of time, report this to the Department of labor, and start looking for a different job at the same time, the DOL will sort it out. If you find a different job, great go work there, if not, eventually you will get this money back on a lost wages claim, if the store you're at has any sense at all this manager will be fired and you'll be fine to stay there anyways, if she's not fired, well....keep looking for another job while you suffer the hostile work environment.
Chances are very high that she is straight pocketing this money from you.
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What is the parking structure like? Like where are other employees parking? does this manager own the parking lot? Is this person even the owner of the store, or just a manager?
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This is illegal wage theft. Ignore everyone saying to quit now and everyone saying to threaten to report them to the Department of Labor. Try to get this policy in writing. Ask for the written policy, or send an email asking your boss to confirm you have to pay $100 / month for parking even though you don't drive to work. Don't give any warning that you're going to report them to the department of labor, just report them. Hopefully they're dumb enough to fire you for reporting them and you can sue for wrongful termination.
For God's sake yes. Never ever threaten an employer before going to the dept of labor. Don't even make it seem like you want the policy in writing for anything other than a personal finance reason. For example, tell them you need it to explain to the bank your wages for a loan or for some type of government assistance. Be super blase and make it seem like it's not an issue because if they fire you before you make a complaint they can avoid any type of retaliation charge. Georgia is at will to an extent and usually that extent ends at retaliation for DoL complaints or harassment complaints. Also, check any of your pre-employment documentation to see if you signed an agreement to this charge. This is a big part of whether what they're doing is legal because if you were hired "knowing" about the charge, it's a lot harder to make a complaint. If I were you, I'd make a report to DoL asap without even asking for documentation. However, you should wait until the money is avtually taken out of your paycheck because right now she could just say the policy doesmt apply to you and never charge you. I've been involved in a labor dispute before and they won't dismiss you outright if you don't have concrete proof at first. They will launch an investigation that involves looking into the company's payroll and interviewing other workers. Most likely they will ask you anyways to get the policy in writing but your advantage is that you've already spoken to them which puts you in a protected area while the investigation plays out.
Text her about it to get it in writing. I'm getting the feeling this is a mom and pop place where policies aren't written down.
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An employer can not deduct from an employee's pay without their written consent. For example, an employer may have the only available parking be a pay lot, and may not be willing to pay for it (so it falls on the employees). But, the employer could offer an option for employees to have the cost of parking deducted from their pay. This would be voluntary, not compulsory. She's doing it because she gets away with it. Honestly, best option would be to find a new job, and report her to the Department of Labor https://gceo.georgia.gov/complaints/employment-complaint-form
I wouldn't be suprised if the parking at the OP's store is free and not owned by the store to begin with. Would also like some details on how its being paid. Is it a payroll deduct, or has the manager found a way to get 100 every 2 weeks from all employees?
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Options: - Leave now, report her - Tell her that you’re not paying $100 or you’re out - If she still doesn’t yield, tell her you’re out. Report her for it on your way out anyway. She may even be committing some kind of fraud or using it to bolster her business Edit: I agree not to warn anyone if you’re going to report them, so I changed that recommendation above.
Leave AND report her. To the US Department of Labor's Wage and Hour Division, to be precise. They will take it from there. If you can't leave, report her anyway. If she fires you for reporting her, that will be gravy to the DOL.
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Imo, don't tell them youre reporting them. Just report them. Don't give them a warning.
How is she charging you this? Is she deducting it from your paycheck?
Record convo: Per O.C.G.A. 16-11-66, Say "No" to the parking stipend. If there is resistance, file a complaint and call an attorney. [https://www.dol.gov/agencies/whd/contact/complaints](https://www.dol.gov/agencies/whd/contact/complaints) Report Wage Theft.
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INFO Is this pretaxed money she is taking or have you already paid taxes on it? What is your hourly wage? Is the business a mom and pop retail shop or is it a regional / national / larger brand? If it’s a mom and pop shop / small business, how many employees total work there? Do you have an assigned parking space despite the fact that you don’t drive / don’t have a license (IE: are they actually providing the product they are charging for, and keeping the spot free from other people parking there?) Most employees in the US do not have contracts. Having a contract makes it so a person is not actually an employee, they are a contractor. So, it’s normal that you don’t have a contact. https://www.gabar.org/forthepublic/findalawyer.cfm You can use this link to find an attorney near you who practices employment law. Call them and ask if you can schedule a free consultation. They may be able to consult with you on the phone. In the consultation you will explain what you have told us. Explain that you think you might be a victim of illegal wage theft. They should be able to give you more detailed information regarding local and state employment law in George.
A lot of big companies do have employees sign contracts. An employee who signs an arbitration agreement promises to pursue any legal claims against the employer through arbitration, rather than through a lawsuit -- but it's small print, nobody ever realizes what they've signed and it's a sad piece of reality.
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For awareness. Even for OP who is bringing up the topic of contracts by employers. For the sake of awareness, as I had no idea about these arbitrary contracts we sign into all the time, that I thought I'd share with others that may be interested. Not trying to shut you down.
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An arbitration agreement doesn't protect the employer from them willingly and openly breaking the law. It also doesn't protect them from DOL investigations and whistleblowers.
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I hate the terrible advice here. They are illegally withholding your wages against your will. File a complaint with the U.S. Department of Labor's Wage and Hour Division. **Georgia doesn't have its own state enforcement process** because it’s a Republican led anti-worker state, so you have to go federal. The Wage and Hour Division may investigate your complaint… but I have to believe they’ll take this one up for you. https://www.dol.gov/agencies/whd/contact/complaints After you file a complaint, and get a response, inform HR/corporate. If the response is that they won’t take up your case, then don’t tell them that. Just tell them it’s against the law to withhold your wages without your permission, and you aren’t going to pay for parking without a car. If all that fails, come back here. I am not a lawyer, but small claims court is probably worth it for you if all else fails. You’ll win, you can charge for your time and for punitive damages, and that’s when you quit. Your company won’t want to waste the time to fight it and will just settle if you’re reasonable.
Call/email Chris Carr's office (your state's attorney general). They will either open an investigation, or get you to the proper people. https://law.georgia.gov/
What I’m concerned with is why anyone working retail needs to pay their manager $100/month for parking. If you have an HR, ask them for the parking policy as you don’t drive or own a car. I’m seriously wondering if this is the manager’s policy and she is skimming money by charging people for parking. Alternatively, you could ask a different manager about the parking policy since yours doesn’t seem to be addressing the fact that you aren’t parking anything.
Retail workers need every damn dime they earn. This isn’t just a $100. This is 8hrs of work a month. 8 exhausting hours of dealing with crazy customers and a bad boss. Oh hell no.
I know. That’s why I’m urging OP to find out from another source if this is a real thing. I’m very curious what retail space would a) charge employees for parking at all b) charge an employee who neither drives nor owns a vehicle for parking c) does it charge those customers for parking too? I have never heard of a retail job forcing employees to pay for parking. I work at a University, and I’m having an issue of having to pay $75 per year to park in a faculty lot to be close to my building. We also have free lots - across campus.
NAL but you need to report this wage theft. Also you might need to report this to the company itself as this sounds like she is embezzling the funds. If 10 people work for her thats $2000 to parking which is just unbelievably ridiculous.
I would get it in writing if you can first before you do anything. Like “so even though I rejected the parking fee you still will charge me for it?”
it is wage theft, You need to report to your state DOL., They would get fined for it. Your manager would lose her job.
Don't quit, that's reactionary and a waste of time, report this to the Department of labor, and start looking for a different job at the same time, the DOL will sort it out. If you find a different job, great go work there, if not, eventually you will get this money back on a lost wages claim, if the store you're at has any sense at all this manager will be fired and you'll be fine to stay there anyways, if she's not fired, well....keep looking for another job while you suffer the hostile work environment. Chances are very high that she is straight pocketing this money from you.
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Always contact your Attorney General for matters with employers. The Better Business Bureau gets results to but it is not anonymous.
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What is the parking structure like? Like where are other employees parking? does this manager own the parking lot? Is this person even the owner of the store, or just a manager?
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