Question: My friend cleans houses. She accidentally broke something, and now the lady (employer) is taking the cost of it out of her pay. … Is this legal?
Answer: No. State law prohibits an employer from docking an employee’s pay to cover replacement costs for breakage or property damage when the loss is “not attributable to employee’s willful or intentional disregard of employer’s interest,” as in an accident.
This is specified in Hawaii Revised Statutes Section 388-6, withholding of wages, which you can read at 808ne.ws/2f94tvJ.
If an employee admits that he or she broke something on purpose, the employer could deduct the loss from the person’s pay, as long as the worker authorizes the deduction in writing, according to the state Department of Labor and Industrial Relations.
Your friend need not be a full-time employee to be covered under the law; part-timers are included. Employer also is broadly defined and includes individuals. The definition does not include the U.S., state or county governments, but your question did not indicate that your friend worked for any of those entities.
She may file a written complaint with the labor department’s Wage Standards Division, alleging an illegal pay deduction. For more information about the process, check online at 808ne.ws/unpaid8, call 586-8777 on Oahu or email dlir.wages@hawaii.gov.
The department’s website also has information about general protections for domestic workers, which you can read about at 808ne.ws/2fddKqb.
Domestic workers were excluded from Hawaii’s fair-employment law until 2013, when Act 248 was enacted. It outlaws discrimination and harassment against domestic workers but gives employers the right to hire and fire at will.
Domestic workers are entitled to at least minimum wage, and overtime pay if they work more than 40 hours a week for the same employer.
This class of employment includes cleaning, cooking, doing laundry, caring for a child, serving as a companion or caregiver for someone who is ailing or elderly, and other household tasks, whether the employee lives on the premises or comes to work from their own home.
Q: I would like to send a present (a photo) to President Barack Obama. May I just send it to the White House, Washington, DC? Do you know the ZIP code?
A: Yes. Mail it to The White House, 1600 Pennsylvania Ave. NW, Washington, DC 20500.
The president welcomes letters, email, Facebook messages and other communication but discourages gifts, according to the White House website.
“For security reasons, please do not send perishable gifts — such as food, liquids, or flowers — to the White House. The White House is unable to accept cash, checks, bonds, gift certificates, foreign currency, or other monetary equivalents. Additionally, items sent to the White House are often significantly delayed and can be irreparably harmed during the security screening process. Therefore, please do not send items of personal importance, such as family photographs, because items may not be returned,” the website states.
For more information about how to reach the president through various means, see whitehouse.gov/contact, which also includes a link to contact information for President-elect Donald Trump.
Mahalo
I would like to express my deepest gratitude to the honest person who found my bus pass holder along with my credit cards on Oct. 26. Bus operator Warren (Salt Lake Bus No. 3) helped me to retrieve it from bus operator Boyet as the buses crossed each other on Kapiolani Boulevard. May God watch over all of you. — Mahalo from a senior citizen
Write to Kokua Line at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.
