Unlawful Deductions from your Paycheck
You work hard to bring home a paycheck and cover your expenses. Sadly, many employers take advantage of their authority and fail to pay employees what they deserve. Many employees are unaware of the legal rights afforded to them when it comes to wage and hour laws, or fail to check their paystubs to ensure that they are being paid fairly. At Phillips & Associates, our experienced wage and hour attorneys have helped many workers in New York City investigate their potential claims and try to hold employers accountable for violations.Understand Your Paycheck Deduction Rights
The New York Division of Labor has set clear standards for the deductions that an employer can and cannot make from an employee’s paycheck. A deduction must be expressly authorized in writing in order to be lawful, and it may only be given after the employee has received written confirmation of all the terms and conditions that apply to the deduction. In the event that there is a substantial change in the terms and conditions of the payment, including a change in the amount of the deduction, the employer must provide the employee with timely notice of the change before the change takes place. An employer must keep the notice on file during the period that the employee works for the employer and for six years following the employee’s tenure.
Deductions are specifically authorized according to the Division of Labor’s rules. For example, the New York State Labor Law allows payments for insurance premiums and prepaid legal plans, contributions to bona fide charitable organizations, pension, healthcare, or welfare benefits, gym membership dues, dues or assessments for a labor organization, and U.S. bonds. There are many child-related deductions that are allowed, including day care, before-school and after-school care expenses, and tuition and fees for pre-school, nursery, primary, secondary, and post-secondary educational institutions. Ultimately, a deduction must be tied to some benefit that applies to the employee.
Deductions are also permissible for the repayment of advances of salary or wages that an employer makes for an employee, and for funds that are related to the recovery of overpayment wages when the overpayment is the result of an employer’s clerical or mathematical error. Determining whether your employer has complied with the complex network of deduction laws can be difficult and typically involves analyzing your employment documents and paystubs.Consult a Dedicated Employment Law Attorney in New York City
If you think your employer has not complied with deduction laws, Phillips & Associates can help. Our New York City lawyers can advise people who have been subjected to employee misclassification or other wage and hour abuses. These laws can be complicated, and it is not always easy to know whether your employer is making deductions appropriately. We offer a free consultation and can help you figure out whether your rights have been violated. Our team of legal professionals has assisted individuals throughout the five boroughs of New York City, including Manhattan, the Bronx, and Brooklyn. Call us now at 1-212-248-7431 or contact us online to set up a free initial consultation about your claim.
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