You are probably already familiar with deductions for payroll taxes and Social Security. However, only certain types of deductions can be legally withheld, and even then, the amount of the deduction is often limited by federal and state laws. Some common payroll deductions made by employers that are unlawful include:
- Gratuities – An employer cannot collect or take any gratuity or part given or left for an employee, or deduct any amount from wages due an employee given or left for an employee. However, a restaurant may have a policy allowing for tip sharing among employees who provide direct table service to customers. (Labor Code Section 351)
- Uniforms – If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. (Labor Code Section 2802)
- Bonds – If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. (Labor Code Section 401)
- Business Expenses – An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. (Labor Code Section 2802)
- Medical or Physical Examinations – An employer may not deduct from the wages of any employee or require any prospective employee to pay for any pre-employment medical or physical examination taken as a condition of employment, nor may an employer deduct from the wages of any employee to pay for any medical or physical examination required by any federal or state law or regulation, or local ordinance. (Labor Code Section 222.5)The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.
Did your employer unlawfully deduct from your wages? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://employmentlawyersla.com/ if you have any questions regarding your rights at the workplace.