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Home / Uncategorized  / California Laws Guiding Recapturing of Debt from an Employee’s Final Paycheck

When deducting negative vacation final paycheck California, an employer lawfully withholds certain amounts of money from the employees’ wages when

  1. Empowered or require to do so by the federal or state law
  2. The deduction is authorized in writing by the employer in question to cover benefit plan contributions, insurance premiums or other forms of deductions not amounting to a refund on the wages of the employee
  3. The deduction to cover welfare, health or pension contribution is authorized by a wage or collective bargaining agreements.

The Industrial Welfare Commission Order are responsible for regulating the capacity of an employer to take away certain amounts of money from the wages of an employee due to cash breakage, shortage or loss of equipment, and this is limited by court decisions. Furthermore, there have been various court decisions that expressively restricts am employer’s capability of taking a compensation against an employee’s wages.

Some of the typical payroll deductions usually unlawfully made by employers include the following given below:

Gratuities

An employer is not entitled to take, collect and receive any form of the gratuity or part thereof or left for an employee. The employer is also not entitled to deduct any amount of money from the wages of an employee on account of a gratuity that is left for an employee.

Photographs

If the employer needs a photograph of an employee or applicant, the employer is liable to pay for the photograph.

Bond

If the employer is in need of a bond of an employee or an applicant, the employer is responsible to cover the cost of the bond.

Uniforms

If an employer desire that an employee wears a uniform, it is the employer responsibility to cover the cost of the uniform.

Business Expenses

For all the losses or expenses incurred in connection with when an employee is discharging his or her work duties, the employee is eligible or perhaps entitled to be awarded some form of reimbursement by his or her employer.

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