Can My Employer Deduct Money from My Paycheck Without Consent?

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Your paycheck is going to come with some deductions, but you need to protect yourself and make sure that your employer is not taking out any money that they shouldn’t. Federal and state laws meant to protect employees and limit what an employer can do with your pay are in effect, and any employer caught violating these laws could face hefty penalties. If you suspect that your employer is doing something wrong, then you should contact a Chesterfield County wage & hour law attorney.

What Kinds of Deductions Are Made From Most Workers’ Paychecks?

The legal deductions made from most workers’ paychecks include withheld taxes and any wages that are being garnished through a court order. Employees can also contribute to health insurance premiums if their job offers coverage and retirement accounts.

What Are Some Other Types of Paycheck Deductions That Are Technically Legal?

There are other deductions that an employer can make from a paycheck, but there is a catch. Employers need to make sure that:

  • They have the signed authorization of the employee
  • The deductions do not drop an employee’s pay below $7.25 per hour, the federal minimum wage (or the state minimum wage if applicable)

If a deduction, like one for a uniform or tools, does not meet these requirements, then they cannot be made from the worker’s check.

What Does State Law Require Before Your Employer Takes Money Out of Your Paycheck?

Even if the deductions are legal, an employer can run into trouble if they do not follow state law and ask for permission from their workers before making the deductions. So an employer can charge you for your tools and deduct the cost from your paycheck over time, but they must have your written permission to do so. An employer also needs to ensure that the deductions do not drop a worker’s pay rate to below $7.25 per hour, the federal minimum wage, or the applicable state minimum wage. So an employer not only has to be careful about what deductions are applied, but how they are applied.

Where Can I Report a Violation?

You can report illegal paycheck deductions to the Virginia Department of Labor. You need your paystubs and any other evidence that shows that the deductions should not be coming out of your paycheck. The more effective your claim, the higher the chance that your employer will be investigated and that you can recover your wages.

Schedule an Appointment With Our Employment Lawyer

When you are ready to file a complaint with the state, contact Passero Employment Law. Our experienced attorney can do a lot to help you with your claim, so schedule a consultation and learn more about how this firm can be of assistance.

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