Deductions From Wages
An employer can lawfully withhold amounts from an
employee's wages only: (1) when required or empowered to do so by state or
federal law, or (2) when a deduction is expressly authorized in writing by the
employee to cover insurance premiums, benefit plan contributions or other
deductions not amounting to a rebate on the employee's wages, or (3) when a
deduction to cover health, welfare, or pension contributions is expressly
authorized by a wage or collective bargaining agreement. Labor Code Sections
221 and 224. Money may not be deducted from an employee's wages to pay for
salaries, bonuses, wages of other employees, failure to clock in and out, or
uniform cleaning. Some common payroll deductions that are unlawful are
gratuities (tips), photographs of the employee, bonds, uniforms, business
expenses, and medical and physical examinations. Your employer cannot legally
make such a deduction from your wages if, by reason of mistake or accident a
cash shortage, breakage, or loss of company property/equipment occurs. The
California courts have held that losses occurring without any fault on the part
of the employee or that are merely the result of simple negligence are
inevitable in almost any business operation and thus, the employer must bear
such losses as a cost of doing business. For example, if you accidentally drop
a tray of dishes, take a bad check, or have a customer walkout without paying a
check, your employer cannot deduct the loss from your paycheck.
For a free consultation with an experienced employee
rights attorney, contact David Spivak:
- Email David@SpivakLaw.com
- Call toll free (877) 876-5744
- Visit The Spivak Law Firm, 16530 Ventura Boulevard Suite 312 Encino, CA 91436
- Fax (310) 499-4739
For further information on your rights in the work
place, please visit our other websites:
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