How would you decide, Judge ML?

[zitiqueen]

I'm applying for a job with my state's OSHA bureau and this is one of the supplemental questions I need to answer. I'm curious how others would rule on this.

Prepare a written response to the following question, basing your answers on only the information provided. No specific knowledge of any law administered by the Wage and Hour Division is required and no reference to any law administered by the division is intended. Assume for the purpose of this question that the law requires a written consent before an employer may make a deduction from the wages of an employee.

You have received a complaint alleging the unauthorized deduction of wages from an employee. During your investigation you determine that the employer has deducted $25.00 from each weekly paycheck for the employee. This deduction was applied for the cost of medical insurance coverage provided and paid for by the employer for the employee and the employee's family. Recently, the employee had an occasion to use the insurance coverage to pay for an extended period of hospitalization which resulted in a liver transplant for the employee's child. Your investigation also indicates that the employee and employer were friends and that the employee did, in fact, tell the employer to make the deduction. Further, on numerous occasions and witnessed by impartial employees, the employee expresses appreciation for the employer's generosity in providing medical insurance and verbally authorized the deductions. How would you decide this case?

[montereybride]

If the law requires written consent and there is none, then you have to find for the employee.

All the other info is superfluous.

[Deleted]

The law requires written consent. There was none. This isn't a hard question. It is very simple.

[zitiqueen]

That's my thought too. But does that mean the insurance company can go after the employee for the cost of the liver transplant and other medical procedures, since the medical coverage was not approved by the employee?

[Deleted]

No. Why would they be able to? They already paid for the coverage.

Are you allowed to help for help on this? If not I am shutting up.

[zitiqueen]

Am I allowed to ask for help? Beats me. It's an online application. It doesn't say I can't ask for help. I've already made my decision and submitted the application; I was just wondering if anybody had an argument in favor of the employer and what that argument would be.

[sonrisa]

"I would request evidence of employee's written consent from the employer. If the employer fails to provide such evidence, I would find in favor of the employee." If the employer disagrees, they can appeal to a body that has discretionary power. Whatever job you are applying for does not.

They are looking for sings that you would be swayed by bias in your decision making. Any equivocal answer or answer in favor of the employer will likely be taken as a sign you are open to bias. They picked facts that favor wanting to find for the employer specifically to elicit such responses.

[tulip]

I would find that the fact that the employee used said insurance proves that the employee did in fact know about the insurance and the deduction in pay. By using the insurance you would actually agree to the payment due of the cost for coverage.

If you don't know you have something then you don't use it. If you don't want something you do not pay for it.

I'd be awful at this.