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Wage Garnishment California

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  • Wage Garnishment California

    I currently work for a temp agency. About two months ago, I was told that I was receiving a $2.00 raise & have been paid accordingly since then. Today I was advised that I will have to pay back this wage increase due to the fact that no one is able to discern who authorized my raise. Is this legal?

  • #2
    Not retroactively. It is legal to change your salary on a go forward basis. It is not legal to collect the supposed error via payroll deductions. The following webpointer is the factsheet on deductions from wages.

    http://www.dir.ca.gov/dlse/FAQ_Deductions.htm

    The CA-DLSE goes into this in more detail. There is a lot of related material covered, but the following section is the one most to the point.

    11.2 Employer May Not Collect Or Receive Wages Paid Employee. Labor Code § 221 prohibits an employer from recovering wages paid. This provision prohibits an employer from receiving from an employee any wage paid by the employer to the employee either by deduction or recovery after payment of the wage. “It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee.”
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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