Employment Standards Program
15 W. Yakima Ave. Suite 100, Yakima, WA 98902
January 25
Floyd Blinsky
Floyd Blinsky Trucking, Inc
C/o Connie Campbell
210 Keys Rd CQp yo R, NFORMAT|ON
Yakima, WA 98901
COPIA PARA SU INFORMACI6N
Re: Notification of Wages Owed
Case #: 75189
Dear Mr. Blinsky & Ms. Campbell:
This is to inform you of the result of L&Fs investigation of the wage complaint filed by Paul M. Soto on September 2 alleging unauthorized deductions that occurred during his employment period of 7/16 to 8/15..
My investigation shows that Paul M. Soto is owed a gross total of $1,318.54. This amount represents the total of two unauthorized deduction for freight damage that occurred on April 4.
Based on the information obtained throughout the investigation, the company made two separate deductions for the freight damage. The first deduction in the amount of $659.27 was taken out in Paul M. Soto's 8/15 paycheck. The second deduction in the amount of $659.27 was taken out in Paul M. Soto's final paycheck, dated 9/1.
This first deduction made on 8/15 does not meet the criteria of RCW 49.52.060 and WAC 296-126-028. The statue states in part that "wage deductions may be made from employee's wages during "ongoing employment", if the deduction accrues to the benefit of the employee and there is a specific written agreement in advance signed by the employee. This deduction from his wages for freight damage did not accrue to Paul M. Soto's benefit. Therefore, the deduction does meet the conditions stipulated in this regulation.
The second deduction made from his final paycheck on 9/1 does not meet the criteria for deduction from "final wages" under RCW 49.48.010 and WAC 296-126-025. This regulation stipulates that deductions can be made from an employee's final wages only if the incident related to the deduction occurred in the final pay period. Since the deduction was for damages
that occurred on April 4 this deduction is not lawful.
In conclusion, the amount of $1,318.54 that was deducted in two separate paychecks from Paul M. Soto's wages for freight damages does not meet the labor standards cited above for authorized deduction. Therefore, the Department finds the full amount claimed by Paul M. Soto as valid and enforceable.
STATE OF WASHINGTON
DEPARTMENT OF LABOR AND INDUSTRIES
Specialty Compliance-Employment Standards Program
15 WYakima Avenue Suite 100, Yakima, WA 98902-3480
January 25
Paul M Soto
P.O. Box 374
Puyallup, WA98371
Re: Wage Complaint vs. Floyd Blinsky Trucking, Inc
Case No: 75189
Dear Mr. Soto:
I am writing to let you know that I have sent a demand letter to your employer, requesting payment of $ 1318.54 to you for unpaid wages.
If your employer does not pay you this amount, my next step will be to send your employer a legal notice ordering this payment. This notice is called a Citation and Notice of Assessment - a finding that your employer violated the wage payment law and owes you back wages.
If you think the amount of $1318.54 is wrong, please send me any additional information you have to the above address by February 4.
If we do not hear from you by the above date, we will make a decision and mail it to you and your employer.
Please read the attached information sheet for more information about your rights and responsibilities in your wage claim case.
Sincerely,
Nick Hernandez
Industrial Relations Agent
(509) 454-3755
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