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Boss taking money out of paycheck for a mistake New Hampshire

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  • Betty3
    replied
    federal law:
    http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

    N.H.:
    Deductions from Wages

    An employer may not deduct any of the following from an employee's wages:
    - cash shortages
    - breakage, damage, or loss of the employer's property
    - dishonored or returned checks
    - required uniforms, as defined as a garment with a logo or distinctive design.

    23-275:45(I) - An employer cannot withhold or deduct any portion of an employee's check,
    unless:
    a) permitted to do so by state or federal law, or
    b) the employee has consented in writing to any of the following deductions:

    - union dues;
    - health, welfare, pension, and apprenticeship fund contributions;
    - voluntary contributions to charities;
    - housing and utilities;
    - payments into savings funds held by someone other than the employer;
    - voluntary rental fees for non-required clothing;
    - voluntary cleaning of clothing and non-required clothing;
    - the employee's use of a vehicle under New Hampshire Stat. 261: 111;
    - medical, surgical, hospital, and other group insurance benefits without financial
    advantage to the employer, and deductions are duly recorded;
    - required clothing not covered by the definition of uniform, which is a garment with a
    company logo or fashion of distinctive design, worn by one or more employees, and
    serving as a means of identification or distinction..

    (c) the deductions are pursuant to any rules or regulations for medical, surgical, or hospital
    care or service, without financial benefit to the employer and openly, clearly, and in due
    course recorded in the employer's books.
    d) the employee has consented in writing to any of the following deductions and the
    employer has provided a written itemized accounting of such requested deductions to the
    employee at least once per month:

    - voluntary contributions into cafeteria plans or flexible benefit plans, or both;
    - voluntary payments for:

    a) child care fees by a licensed child care provider;
    b) parking fees;
    c) pharmaceutical items, gift shop, and cafeteria items purchased on site of
    a hospital by hospital employees.

    - voluntary installment payments of legitimate loans made by the employer to the
    employee as evidenced by a document that includes the following:

    a) the time the payments will begin and end;
    b) the amount to be deducted;
    c) a specific agreement regarding whether the employer is allowed to deduct
    any amount outstanding from final wages at the termination of employment.

    - voluntary payments for the recovery of accidental overpayment of wages when the
    following conditions are met:

    a) the recovery is agreed to in writing;
    b) the deduction for the overpayment begins on pay period following the date
    the parties execute the written agreement;
    c) the written agreement specifies:

    i) the date the recovery of the overpayment will begin and end;
    ii) the amount to be deducted, which shall be agreed upon by the
    employer and the employee but which shall, in no event, be more
    than 20 percent of the employee's gross pay in any pay period.
    iii) a specific agreement regarding whether the employer is allowed
    to deduct any amount outstanding from final wages at the termination
    of employment.

    - voluntary payments for the recovery of tuition for non-required educational costs
    paid by the employer for the employee to an educational institution when the
    specific deduction is authorized in writing prior to the deduction as evidenced by a
    document that includes the following:

    a) The time the payments will begin and end.
    b) The amounts to be deducted.
    c) A specific agreement regarding whether the employer is allowed to deduct
    any amount outstanding from final wages at the termination of employment.

    - voluntary payments for the employee's use of a health or fitness facility that is
    sponsored by the employer for the benefit of its employees and that is located within
    the employer's facility or workplace, or operated by a private health and fitness
    facility that offers discounted memberships of 50 percent or more to all employees
    of the employer, as evidenced by a document that includes the following:

    a) The time the payments will begin and end.
    b) The amounts to be deducted.
    c) A specific agreement regarding whether the employer is allowed to deduct
    any amount outstanding from final wages at the termination of employment.

    (e) The employee requests in writing that deductions may be made for contributions to a
    political action committee from the employee's wages.
    (f) The employer has a written request from the employee, made at the time of the original
    request without coercion or pressure, that authorizes the employer to deduct from the
    employee's final wages at the termination of employment any amount the employee may
    owe for voluntary payments for vacation pay, paid time off pay, earned time pay, personal
    time pay, annual pay, sick pay, sick dependent pay, and bereavement pay made pursuant
    to a written employment policy as required by New Hampshire Stat. 275:49, when the
    payments have been requested and paid to the employee in advance of eligibility.
    New Hampshire Stat. 275:48

    Uniforms, Tools, and Other Equipment Necessary for Employment
    An employer may not require an employee to pay the cost of a uniform. Uniform is defined
    as a garment with a logo or distinctive design. An employer may deduct the cost of
    required garments not constituting a uniform from an employee's wages. New Hampshire
    law does not address tools or other equipment necessary for a job, thus, it is unlikely,
    pursuant to New Hampshire general prohibition, that an employer may deduct the cost of
    those items from an employee's wages. New Hampshire Stat. 275.48

    Medical or Physical Exams, including Drug Tests, Required for Employment
    An employer may not require any employee or applicant to pay the cost of a medical
    examination or the cost of furnishing any records required by the employer as a condition of
    employment. New Hampshire Stat. 275:3

    Leave a comment:


  • Boss taking money out of paycheck for a mistake New Hampshire

    My boyfriend was at work at a pizza shop on Friday and he wrang a guy in for the wrong order. The guy's order was supposed to be around $60 and he clicked the wrong name and wrang in an order that was only around $30 instead. Now his boss is taking the difference out of his paycheck..Is that legal?
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