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Taking the advance from Employee's paycheck California

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  • Taking the advance from Employee's paycheck California

    Can the employer deduct the advance that the compnay gave to the employee from his last paycheck without employee's signature or authorization?

  • #2
    No, I think it was a loan.
    Ca. labor code

    221. 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.

    224. The provisions of Sections 221, 222 and 223 shall in no way
    make it unlawful for an employer to withhold or divert any portion of
    an employee's wages when the employer is required or empowered so to
    do by state or federal law or when a deduction is expressly
    authorized in writing by the employee to cover insurance premiums,
    hospital or medical dues, or other deductions not amounting to a
    rebate or deduction from the standard wage arrived at by collective
    bargaining or pursuant to wage agreement or statute, or when a
    deduction to cover health and welfare or pension plan contributions
    is expressly authorized by a collective bargaining or wage agreement.

    Nothing in this section or any other provision of law shall be
    construed as authorizing an employer to withhold or divert any
    portion of an employee's wages to pay any tax, fee or charge
    prohibited by Section 50026 of the Government Code, whether or not
    the employee authorizes such withholding or diversion.
    I have been interested in employment rights for some time, however I am not a lawyer. Always consult with an attorney, as they are more knowledgeable.

    Comment


    • #3
      Well, first of all, did the employee give written authorization for the advance or loan or whatever you want to call it to be deducted in installments? If the employee did so, the deduction can be made, but only in the regular installment amount; the repayment plan cannot be accelerated. For any balance, the employee and employer will have to come to some other type of repayment plan. The laws Joe916 cited were not intended to completely exonerate the employee.
      See Question #4 here:
      http://www.dir.ca.gov/dlse/FAQ_Deductions.htm
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment

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