One way that unscrupulous employers cheat their workers out of wages is by making unlawful deductions from the employees pay checks. Here are the deductions an employer can make:
- To comply with state or federal law.
- To pay for medical, surgical, or hospital care or service.
- To satisfy a court order, judgment, wage attachment, trustee process, bankruptcy proceeding, or payroll deduction notice for child support payments.
If the worker agrees, an employer may also deduct the following from the final paycheck:
- To contribute to a pension, medical, dental, or other benefit plans.
- To pay a creditor or third party if agreed to by the worker and it is for the benefit of the worker (not the employer!).
An employer can also make deductions for the following reasons only based on what happened in the final pay period. That means, they cannot make deductions for old mistakes.
- When a worker accepts a bad check or credit card in violation of the employer’s known procedures.
- When a worker has a cash shortage from a cash register or drawer if the worker was the only person with access to the register and counted in at the beginning and end of the shift.
- When a worker is dishonest or acts willfully and it results in a cash shortage, a failure of customer to pay, breakage, or loss of equipment.
- When a worker steals from the employer if a police report is filed.
An employer must pay a worker their final paycheck on the next regularly scheduled pay date. Even if the whole paycheck is “deducted,” the employer must still provide the worker a statement explaining all the deductions. If you separate from employment, the next pay date has come and passed, and you haven’t been paid in full, contact Pechtel Law PLLC to discuss your rights and options.
Pechtel Law represents victims of wage theft. Schedule a free wage theft consultation today to discuss your rights and your options with an experienced lawyer.