An employer can’t withhold wages as a form of discipline. Withheld wages are just one of the wage and hour violations we see at Rowdy Meeks Legal Group LLC.
You work hard and deserve to be paid accordingly. Unfair and illegal wage violations leave you vulnerable and stressed as you try to provide for your family. We know you are valuable, and we understand that you deserve to be paid and treated like this by your employer. We will vigorously pursue your rights to fair pay for your work.
State Wage Laws and Withholding Wages
Most states have wage laws that govern employers’ payment of wages to employees. Generally, an employer can only withhold wages if required, or empowered by state or federal law. State wage laws outline specific situations in which employers can lawfully deduct from wages.
Disciplinary actions such as withholding wages as punishment or retaliation are not permissible under state wage laws. Employers who withhold an employee’s wages as a disciplinary measure may violate the law and be subject to penalties, including fines and potential legal action by the impacted employees.
Both employers and employees must understand their rights and obligations regarding wage payment and deductions under federal and state wage and hour laws so that employees receive all pay which they have earned.
When Can An Employer Withhold Wages?
There are some instances when an employer can withhold or deduct wages.
- An employer can deduct wages for legally required and/or routine deductions such as medical insurance, life insurance, and charitable contributions.
- If an employer has signed authorization by the employee for deductions for a lawful purpose benefiting the employee, then the deduction is legal if it complies with the state wage laws in which the employees work.
- An employer can make wage contributions to a retirement plan they have established if the employees agree to the contributions.
If there is a signed agreement between an employer and an employee, employers can also usually make wage deductions to:
- Repay a loan or advance that the employer made to an employee while employed.
- Recover payroll overpayment.
- Compensate the employer for replacement costs or an unpaid balance for merchandise or uniforms.
Subject to written notice and an explanation, an employer can withhold an employee’s wages to recover property provided to the employee, such as PSE, tools, and devices. When the employee returns the property, the employer pays the withheld wages to the employees.
It’s important to note that an employer can’t withhold wages or make deductions that reduce an employee’s wages below minimum wage.
Employers should establish clear policies and procedures for wage payment and deductions. At the same time, employees should be aware of their rights to receive full and timely payment of wages earned.
Other Common Wage Violations
Wage violations are common problems for many U.S. employees.
If you have experienced any of the below scenarios, you may be the victim of wage theft.
Minimum Wage Violations: Minimum wage violations occur when employers pay employees less than the applicable minimum wage.
Overtime Violations: Employers commit wage theft when they fail to pay overtime to salaried employees who don’t meet the salary threshold for exemption under the Fair Labor Standards Act or state law.
Off-the-Clock Work: An employer acts unlawfully if the employer requires employees to work before or after their shifts, and during meal periods and breaks without compensation.
Record-Keeping Violations: Employers may commit wage theft by failing to maintain accurate records of work hours, pay rates, and other wage-related information.
It May Be Illegal For Your Employer to Withhold Wages
If you believe your employer has unlawfully withheld wages as a form of discipline, you can pursue legal action against your employer to recover the withheld wages, potential penalties, and legal fees.
Your employer can’t unlawfully withhold wages, so contact Rowdy Meeks Legal Group LLC to assess your case.