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Is my employer allowed to deduct anything from my paycheck?
California employers can make paycheck deductions only in very limited circumstances. They may be lawfully permitted to deduct or withhold wages from an employee’s paycheck for the following reasons:
- State or federal law authorizes or requires the deductions.
- The employee has provided written consent to cover insurance premiums or contributions to benefit plans.
- To cover pension, welfare or health contributions authorized under a wage or collective bargaining agreement.
Some paycheck deductions often made by employers that can be illegal include payroll mistakes, partial-day absences, gratuities, business expenses, and costs of medical or physical examinations required by law or as a condition of employment. A company may only deduct the cost of a uniform, equipment or tools from a final paycheck if the items are not returned and the worker gave prior written consent.
If you believe your employer has unlawfully deducted wages from your paycheck, contact an experienced San Francisco employment attorney. Your employer may face penalties in addition to the wages owed to you. McCormack Law Firm can help you figure out if you have a valid claim.
Other Unpaid Wage, Overtime and Commission FAQs:
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Are There Specific Documents or Records Required to Prove Unpaid Commissions?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can I Take Legal Action Against My Employer For Unpaid Commissions?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can My Employer Withhold Commissions If I Resign or I’m Terminated?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How Long Does My Employer Have to Pay Me My Commissions After They’re Due?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What Are My Rights Regarding My Final Paycheck Once I Quit My Job?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What Are Unpaid Commissions in California?
- What is an exempt and non-exempt employee?
- What Is Not Considered A Commission?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?
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Client testimonials
This law firm was the only one to answer the phone out of the 15-20 law firms that I called that day. I had a wrongful termination case and Bryan really took the time to listen and understand what happened in my situation, and he knows the law to a T. – Shanic M.
I was owed wages and overtime and my employer refused to pay me. So I hired them to file a lawsuit. Bryan easily understood my very complicated case and I am happy with the results. – Ebi Z.
I didn’t have to pay anything, the firm took the whole risk of managing the case. Through the 14 months, Bryan always kept me updated, was very responsive and patient to questions I had. We achieved a resolution out of court in my favor, making me even happier about the experience. – Peter S.
I can honestly say that my experience with Bryan was all the way positive from day one… We had very high expectations about our case and in the end we got what we hoped for. – Roger J.
I won my trial and I got more than I expected. Everyone in the office is so nice and helpful. Even after everything was finished I could call a few weeks after and ask questions to make sure I was protected and they are more than helpful. – Husain N.
I never had to pay Bryan anything up front, nor was ever pressured to settle early. We ended up settling morning of the trial. Bryan is a really sharp, aggressive, seasoned attorney and knew the law inside and out about whistleblower cases. – Kyle B.
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