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Final paycheck deduction Kansas

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  • Final paycheck deduction Kansas

    Scenario:
    Non-exempt hourly employee requested and was granted a payroll advance of $2000, employee resigned prior to full re-payment. Can the employee's final paycheck be held/retained to offset debt?
    (Payroll clerk did not follow through on receiving employees signature on the payroll advance form)

  • #2
    Yes under federal rules. No idea on Kansas rules (not my state). Maybe one of the other responder's knows.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Kansas - employers may only withhold or deduct from employee wages in the following circumstances: 1) when required or empowered by state or federal law; 2) for deductions for medical or hosp. care w/o financial benefit to the employer that are openly recorded in the employer's books; 3) to correct wage overpayments resulting from employer error as long as the recovery isn't greater than the overpayment rate (the recovery rate may exceed the overpayment rate with the employee's signed authorization; 4) for cash advances made at the employee's written request and as part payment for future wages to be earned; 5) for excess cash expense allowances or advances that aren't justified by expense receipts and not returned to the employer; 6) with the employee's signed, written authorization for deductions accruing to the benefit of the employees; and 7) for contributions attributable to automatic enrollment, as defined by statute, in a retirement plan established by the employer described in sections 401k, 403b, 408, 408A, or 457 of the IRC. Certain deductions are forbidden even with the employee's written consent. They include deductions for cash or inventory shortages, breakage, returned checks or bad credit card sales, or losses on account of burglary, robbery, or alleged negligent acts. Also, deductions may not be made for uniforms or special tools/equip. that aren't necessary for performance of an employee's duties and are customarily supplied by the employer.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Originally posted by AlwaysAmicable View Post
        Scenario:
        Non-exempt hourly employee requested and was granted a payroll advance of $2000, employee resigned prior to full re-payment. Can the employee's final paycheck be held/retained to offset debt?
        (Payroll clerk did not follow through on receiving employees signature on the payroll advance form)
        Has the payroll clerk been reprimanded?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Response to PattyMD... "Yes!" to the reprimand.

          Comment

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