At Rowdy Meeks Legal Group LLC, we commonly see cases of employers trying to save money by engaging in illegal wage practices like unauthorized paycheck deductions. Both employers and employees must understand what deductions are permitted, and which are not according to state and federal law.
The Kansas Wage Payment Act (KWPA) is a state law that governs how employers must pay their employees. The KWPA applies to all employees in Kansas, regardless of job title or salary. Laws can vary by state, which is why it is crucial that employees contact an experienced employment attorney if they have been the victim of illegal wage practices.
Illegal Paycheck Deductions
Employers may not withhold any portion of an employee’s wages unless required by Kansas or federal law, or the employer has written authorization for otherwise legal deductions from an employee’s paycheck.
Unfortunately, illegal deductions are sometimes made to employee’s paychecks that can cheat them out of hard-earned money.
Unpaid Overtime
Employers are required to pay eligible employees overtime wages for hours the employee works beyond the 40-hour work week. Overtime pay is calculated at 1.5 times the employee’s regular hourly rate which includes all bonuses and other like compensation.
But, sometimes, employers intentionally deduct overtime hours from an employee’s paycheck or misclassify them as exempt employees, both of which are illegal wage practices.
Minimum Wage Violations
The federal minimum wage is $ 7.25 per hour, but minimum wage rates may vary from state to state. Employers should pay employees at least the federal or state minimum wage, and employees are entitled to the higher of the two.
Paycheck deductions that reduce pay to below the minimum wage are illegal. For example, employers can’t deduct tips from an employee’s hourly wage if it leaves their wage below the minimum. Other examples are that employers cannot deduct mileage, uniform costs, license expenses, or any other such costs which drop the employee below minimum wage.
Unauthorized Deductions
Employers will sometimes deduct business expenses from an employee’s paycheck. Employees have to provide written authorization for deductions on their paychecks and the deduction must otherwise comply with all applicable wage deduction laws.
Here are some common unauthorized paycheck deductions.
- Mileage or other like business expenses.
- Pre-employment medical or physical exams.
- Certain types of personal protective equipment.
- Losses due to breakage, damage, or acceptance of bad checks except in certain limited cases.
- Money to cover cash register shortages or losses in the common money till.
Deductions for uniforms, equipment, and tools are sometimes allowed, but only if the deductions don’t lower the employee’s wages to below the minimum and if state law provides for such deductions.
Legal Paycheck Deductions
There are some legal deductions that employers can make to employee’s paychecks. It’s essential that employers and employees are aware of legal and illegal deductions. Examples of legal deductions include:
- Taxes like federal, state, or FICA.
- Garnishments like those on behalf of a debt collector with a court order.
- Lawful deductions with written authorization by the employee like insurance, 401K, pensions, bonds, and savings programs.
Who Is At Risk?
Illegal wage deductions happen in all sectors, but some industries are more susceptible than others.
- Restaurant employees like waiters, waitresses, and bartenders.
- Manufacturing workers.
- Assembly line workers.
- Car and courier drivers.
- Mortgage Loan Officers.
- Healthcare and nursing home employees
If you are the victim of wage violations, contacting an experienced employment attorney is essential. The attorney will clearly understand the claim process and the legal options available. An experienced attorney will assess the strength of your claim based on federal and state wage laws and discuss your options like mediation, negotiation, and settlement.
Employees affected by illegal wage practices are often the most vulnerable, so most employment attorneys offer a free case evaluation.
Rowdy Meeks Legal Group LLC: Fighting For Employee Pay Rights
The sooner you take action against illegal wage practices, the better your chances of resolving the issue and recovering your unpaid wages.
If you suspect you are the victim of illegal paycheck deductions, contact Rowdy Meeks Legal Group LLC for a free case assessment.