Incorrect Deductions from Wages | Unpaid wages attorneys
There are certain conditions that allow an employee to deduct a predetermined amount of their pay for each pay period. These conditions include:
* If you are absent from work for more than one full day due to personal reasons, other than sickness or disability
* If the deductable is made in accordance to a bona fide policy, practice or plan of providing compensation for lost salary due to illness
* To compensate amounts received by employees as jury or witness fees or for military pay
* For infractions to safety rules of major importance;
* Unpaid disciplinary suspensions of one to more full days for workplace conduct rules violations;
* For up to two weeks, an exempt employee may take unpaid leave under Family and Medical Leave Act.
* In the first or final week of employment
An exemption could be lost if an employer wrongly deducts wages from employees in violation of the Act. This is true even if the deduction was not accidental or an isolated event. If the employer is found to have an "actual practice" of improperly deducting salary from exempt employees, the employer could lose their exemption. Employers lose their exemption for the period in which they made the deductions if such an "actual practice".
The Act does include a safe harbor. If the employer meets these requirements, the exemption will not be removed unless the employer willfully violates it. The employer must have a policy that prohibits improper deductions. This includes a procedure for employees to complain.
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If you think your employer has violated wage and hour laws or denied paying you well-deserved overtime wages, you can consult with our lawyers.
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