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October 08, 2010
Employee Pay Deductions For Items That the Employer Imposes on Employees

Cheryl Orr and Heather Sager discuss employee pay deductions in a BLR webinar entitled ‘Wage Payments: What You Can and Can’t Legally Deduct from Employees’ Pay’. They provide the following information about items that an employee may attempt to make employee pay deductions for:

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  • If an employer imposes certain requirements on employees such as employees being require to provide photos for a form or photos for building passes, the employer should not deduct pay from the employee’s pay as a result of such requirements
  • If a bond is required from an employer, the employer has to pay the cost of the bond
  • If the employee requires medical or physical examination, drug screening and similar activities, the employer has to pay for these activities
  • Also, business expenses that are legitimately incurred by the employee are to be paid for by the employer
  • The employer cannot recover these monies from the employee

Cheryl D. Orr, Esq. is a partner and co-chair of the national Labor and Employment Practice Group at Drinker Biddle & Reath LLP ( She concentrates her practice on defending employers against FLSA collective actions and state and federal wage and hour class actions, and she regularly litigates discrimination, harassment, and unfair competition claims, conducts high-level workplace investigations, develops plans for reductions in force, and offers employer advice and counseling. Orr frequently lectures on employment law topics.

Heather M. Sager, Esq. is also a partner in the Labor and Employment Practice Group at Drinker Biddle & Reath LLP. Sager focuses her practice on management-side representation in collective and class actions, with particular experience in wage and hour litigation under state and federal law, including representative claims brought under California Business & Professions Code Section 17200. She also regularly handles single and multi-plaintiff employment litigation in the areas of unfair competition, wrongful discharge, harassment and discrimination before state and federal courts and administrative agencies. In addition, Sager regularly provides management training seminars and advice and counsel on reductions in force, employee relations, and workplace policies and procedures for the firm’s clients.

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