As an employer in California, understanding when and why you can withhold pay is essential to staying compliant with the state’s wage and hour laws. The state has strict rules about employee compensation, and failing to follow them can result in legal consequences for your business.
What deductions can an employer legally make?
California law allows employers to make specific, authorized deductions from an employee’s paycheck. These can include taxes, insurance premiums, retirement plan contributions, and court-ordered garnishments. However, any deduction not explicitly allowed by law or agreed upon in writing by the employee is prohibited. For instance, you cannot deduct pay to cover accidental damages or losses, even if the employee was responsible for them, unless there is a clear, written agreement in place.
When can an employer withhold pay?
There are a few circumstances where you can withhold pay legally, such as when an employee is absent without authorization or when they are on an unpaid leave of absence. However, you must ensure that the pay withholding is calculated correctly and in accordance with the law. You should also communicate with the employee about any deductions to avoid disputes.
What happens if an employer withholds pay improperly?
If you withhold pay improperly, employees have the right to file a wage claim with the California Labor Commissioner’s office. Employers who violate wage laws may face penalties, including fines and the obligation to pay back wages, plus interest. To avoid such complications, it’s important to understand the rules regarding pay withholding and always act in accordance with state law.
How to avoid issues with pay withholding
Clear communication and well-documented agreements with employees are key to preventing wage disputes. Ensure that all pay deductions are authorized and lawful, and keep accurate records of any changes to employee compensation. By following California’s wage laws carefully, you can protect your business and maintain a fair working environment.