Deductions From Pay
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Learn how to avoid and/or correct improper deductions from an employee's pay.Employers frequently make deductions from an employee's pay for a myriad of reasons and based on various factors. Many of these deductions are legal; however, there remain several improper payroll deductions employers must be aware of in order to avoid potential liability. This topic will help you determine which payroll deductions are permissible and which ones are impermissible under federal law, as well as in some cases under state law, as it relates to nonexempt versus exempt employees. The legal implications of having a regular practice of improper payroll deductions can in some cases be steep; therefore, this information seeks to provide you with the understanding of how to avoid those legal pitfalls.
AuthorsJerilyn E. Gardner, Keegan Law Firm, LLC
Are Wage Deductions Permissible?
• Federal Law vs. State Law Wage Deductions
• Examples of Permissible/Impermissible Wage Deductions Under Federal Law
• Examples of Permissible/Impermissible Wage Deductions Under State Law
Wage Deductions for FLSA Exempt vs. Nonexempt Employees
• Permissible and Impermissible Wage Deductions for Exempt Employees
• Permissible and Impermissible Wage Deductions for Nonexempt Employees
• Reimbursement of Improper Deductions
Consequences of Improper Deductions
• Potential Loss of Exemption and Exposure to Liability
• Distinguishing Between Isolated Instances of and an Actual Practice of Improper Deductions
• Case Law Analysis of Improper and/or Proper Payroll Deductions