Employment law is an umbrella term that is used to describe a broad range of legal issues associated with employees, employers, and safety conditions in the workplace. Some employment laws may apply to a case that involves employment discrimination, while others can be used to provide guidance when creating company policies or employee handbooks.
Employment law is intended to protect all of those who are a part of the workforce. This may include:
It is important to remember that employment laws can vary widely by jurisdiction. Because of this, the rights that one state may protect may not be available as a protection under the laws of another state. Additionally, some issues may be governed by both state and federal employment laws, such as pregnancy leave.
According to federal employment law, your employer may deduct specific losses from your paycheck. You may break or lose a piece of equipment, damage some merchandise, or have your cash drawer come up short. Generally speaking, the only exception to this would be that such deductions cannot drop your pay below the federal minimum wage. What this means is that if you only earn minimum wage, your employer cannot charge you for any losses.
As with much of employment law , laws governing whether your employer can charge you for broken or lost equipment may vary from state to state. There are many states that offer considerably greater protections for employees than compared to the federal law. A number of states require employers to obtain the employees’ written consent before they can legally make a paycheck deduction, while still other states do not allow for such deductions at all.
An example of this would be how the state of California considers lost and damaged equipment to be an ordinary cost of doing business. As such, they will only allow a paycheck deduction if the employee was negligent, or acting on purpose.
Because employee responsibility for lost or damaged property can vary from state to state, as well as from job to job, you may want to consult with a local employment law lawyer if you have any questions regarding the subject.
To reiterate, wage deduction laws vary from state to state. Generally speaking, employers are prohibited from making wage or payroll deductions that are considered to be illegal, whether under state or federal law.
Some of the most common examples of illegal payroll deductions generally include, but may not be limited to:
Permitted deductions at the state level will vary by statute. Some common examples of subjects that vary at the state level include, but may not be limited to:
Unlawful deduction of wages is considered to be a type of wage theft . Wage theft refers to the unlawful practice of employers not paying their employees the full amount for the work they have performed.
Charging employees for damaged property without explicit proof that the employee damaged the property on purpose is generally considered to be a business expense. To put it simply, you cannot force an employee to pay for damages or lost property; however, you may “respectfully request” that they do. As previously mentioned, OSHA guidelines prevent employers from charging employees for safety and protective gear.
Some specific examples of what state laws say about charging employees for damaged property include:
If your employer is charging you for broken or lost equipment, you should consult with an experienced and local employment law attorney .
Because wage laws vary so widely from state to state, a local lawyer will be best suited to helping you understand your state’s laws, as well as your rights and legal options under those laws. Finally, an employment lawyer will also be able to represent you in court, as needed.
LegalMatch Legal Writer
Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons. Read More
Travis earned his J.D. in 2017 from the University of Houston Law Center and his B.A. with honors from the University of Texas in 2014. Travis has written about numerous legal topics ranging from articles tracking every Supreme Court decision in Texas to the law of virtual reality. In his spare time off from the legal world and quest for knowledge, this 3rd degree black belt and certified instructor aspires to work with various charities geared towards bringing access to entertainment and gaming to all persons.