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February 28, 2023

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Failure to Pay Wages

What to do if your employer is illegally deducting pay

Are you concerned that your employer may be making illegal deductions from your paycheck? If you work in California, know that the state has strict laws governing wage and hour practices. Employers are prohibited from making unauthorized deductions from employees’ wages, including cash shortages, breakage and uniforms, among other things.

Wage and hour laws

Under California’s wage and hour laws, employers are required to provide clear and specific written notice to employees before making any deductions from their wages. This notice must include the amount of the deduction, the reason for the deduction and the date. Employers also need to maintain accurate records of all deductions made from an employee’s wages.

As an employee in California, you have several rights related to wage and hour practices. These rights include:

  • You should receive at least the minimum wage for all hours worked.
  • Receive overtime pay for hours worked beyond eight hours per day or 40 hours in the span of a week.
  • The right to take meal and rest breaks during your workday
  • Right to receive payment for all hours worked, including time spent preparing for work or commuting to and from work if required to use a company vehicle.
  • The right of reimbursement for necessary expenses as part of your job duties.
  • Receive accurate itemized wage statements that show the hours worked, pay rate, and deductions.
  • The ability to lodge a complaint with the California Labor Commissioner’s Office if you believe your employer is violating these rights.

Illegal deductions

If you suspect that your employer is making illegal deductions from your paycheck, it is important to take action. You may want to start by speaking with your employer and bringing your concerns to their attention. If unable to resolve the issue with your employer, you may want to consider filing a complaint with the California Labor Commissioner’s Office. This office is responsible for enforcing California’s wage and hour laws. It can investigate your complaint and take appropriate action if necessary.

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