Is an employer withholding pay from employees so they can pay personal expenses legal?
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Is an employer withholding pay from employees so they can pay personal expenses legal?
Asked on December 18, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Employers may only legally withhold pay from employees in two circumstances:
1) The employee consents, or agrees, to the withholding voluntarily, such as to pay for health insurance or 401k contributions, or to repay the employer for a loan or tuition.
2) The withholding is required by law, such as FICA withholding or court-ordered wage garnishment.
Other than the above, wage withholding is most likely illegal, and the employee could contact the labor department to file a complaint and/or sue for the withheld money.
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