Is it legal for my employer to withhold money from my paycheck?
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Is it legal for my employer to withhold money from my paycheck?
There was a possible shortage due to theft.
Asked on July 20, 2015 under Employment Labor Law, Missouri
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Under�the law, most states hold that as long as the employee still earns at least the minimum wage after deductions, there's no rule against charging losses and damage to them. Some other states only allow such deductions only if the employee acted dishonestly, willfully, or in a grossly negligent manner. And at least one state (CA) doesn't allow for these deductions at all. However, before making up any shortage out of an employee's paycheck, the employee must consent to it in writing. Otherise, the employer must pay them the full amount of their paycheck and then sue them in court to get the shortage.
To find out the law in your state, you can contact your state's department of labor.
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