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Deductions From Pay
National Summary
The federal law on deductions from pay contains few restrictions when compared to the laws in many states. Under federal law, almost any deduction is permitted, even if it reduces the employee's pay below the minimum wage in some cases. Certain deductions may specifically reduce pay below the minimum. However, there are a number of deductions that may not be made if they result in pay that is less than the minimum wage. These rules apply only to nonexempt employees who are covered by minimum wage requirements. In general, deductions from pay should be made only where required by law or authorized in writing by the employee.
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167282index.aspxQuestions & Answers We have decided to close the day after Thanksgiving. I know we cannot dock exempt employees' pay, but can we require them to use vacation or PTO? 11/19/2012National
167247index.aspxQuestions & Answers If an exempt employee is out sick for a few days but works a few hours while at home, how do we calculate required pay or permitted deductions? 10/25/2012National
167103tools.aspxForms Consent to Payroll Deductions Form 06/11/2012National
160806index.aspxQuestions & Answers We just hired an employee who says he is on Optional Practical Training (OPT) and he is stating he is not eligible to have FICA taxes taken out of his pay check. Do you have information on this? 04/13/2011National
160469index.aspxQuestions & Answers If we stay open during inclement weather, can we deduct pay for exempt and nonexempt employees who can't make it to work because of the weather? 01/21/2011National
160100index.aspxQuestions & Answers Can we dock a salaried employee's check because he was out for more time than he had paid leave available? 10/18/2010National
156442index.aspxAnalysis Deductions from Pay 03/04/2009National
156368index.aspxQuestions & Answers If we advance an employee their vacation time before they are eligible for it, and then they leave the company, are we permitted to deduct the advanced vacation amount from their final paycheck? (We are in Ohio.) 01/22/2009National
155597index.aspxQuestions & Answers Can we dock employees for not punching in or out, then pay them at a later date or next pay period? 06/19/2007National
155528index.aspxQuestions & Answers Can a salary nonexempt employee receive a deduction from his salary for disciplinary actions? 04/18/2007National
155330index.aspxQuestions & Answers I have a salaried exempt employee who does not qualify for FMLA. Can I make a deduction from the employee's pay for missed full days for her father's illness? 10/03/2006National
155005index.aspxQuestions & Answers Must we pay a salary-exempt employee who exhausted all their PTO and is out a full day for a medical reason? What if he is out for personal reasons that are not medically related? 03/21/2006National
154520index.aspxQuestions & Answers Can an employer recoup destroyed or lost company property through payroll deduction? 08/05/2005National
154054tools.aspxChecklists FLSA Audit: Disciplinary Deductions 05/09/2005National
153986index.aspxQuestions & Answers Are you able to exchange work responsibilites for housing and not provide additonal compensation? The setting is a shelter for battered women. 02/18/2005National
153821tools.aspxPolicies Deductions from Pay Policy (Standard) 08/23/2004National
159077tools.aspxPolicies Deductions from Pay (Alternative or Additional) 06/17/2004National
153547index.aspxQuestions & Answers Can an employer make deductions from a salaried employee's paycheck for missing work due to personal reasons? 11/16/2003National
151555index.aspxQuestions & Answers Is it against the law to garnish an hourly employee's wages for monies/product not accounted for/lost/stolen while they were on duty? 07/28/2003National
151554index.aspxQuestions & Answers One of our Oklahoma employees had her purse and checkbook stolen. We issued a manual paycheck and tried to reverse the direct deposit to her checking account, but the money was already gone. Can we deduct the money from her next paycheck? 04/28/2003National
152937tools.aspxPolicies Payroll deductions policy (standard) 03/20/2003National
152851tools.aspxForms Training Expense Agreement 02/03/2003National
151519index.aspxQuestions & Answers Can Exempt Employees have their pay docked if they have no PTO time left in their bank and they are absent for a full day? 08/27/2002National
151520index.aspxQuestions & Answers I work for a small organization in NC. We utilize a payroll system in which we have to estimate hours at the end of the pay period. Is there any recourse for having the former employee re-pay these funds? 08/26/2002National
151522index.aspxQuestions & Answers Is negligent entrustment applicable when employees drive their own personal vehicles for business? 08/23/2002National
151523index.aspxQuestions & Answers If I have a sick time policy, how does it apply to the exempt employees? 07/30/2002National
151513index.aspxQuestions & Answers If all of exempt employees' sick time and PTO days are depleted and they report off "sick," can their salary be reduced by that one day? 07/29/2002National
151542index.aspxQuestions & Answers Is it permissible for exempt employees to make partial day requests for sick leave or vacation benefits so long as they have these benefits accrued and there is no docking of their base weekly pay? 07/12/2002National
151511index.aspxQuestions & Answers Can we dock wages of salaried-exempt and/or salaried non-exempt employees who are absent due to illness and who are paid on a salary basis in the state of Oklahoma? 06/24/2002National
151546index.aspxQuestions & Answers Is the signature from an employee on a credit card agreement sufficient to deduct owed monies from the employee? 06/20/2002National
151547index.aspxQuestions & Answers I want to establish a policy for exempt employees for time off (sick leave, vacation leave, etc). What is the difference in having 1/2 day increments vs. full day increments? 05/22/2002National
151530index.aspxQuestions & Answers We have a police officer who was overpaid on his eductional incentive for the last 3 years. Is there any ruling under FLSA that precludes us from collecting from him the last 3 years worth of over payment through a reasonable re-payment plan? 04/05/2002National
151539index.aspxQuestions & Answers My company has a policy of charging a $2 fine (and docking this amount from the employees paycheck) if employees fail to "clock in" or "clock out" using our automated time clock system. Is this legal? 03/21/2002National
151531index.aspxQuestions & Answers For Budget reasons alone, our company (in California and New Jersey) is having a shut down period for one week. Under this plan, exempt employees can either choose to take accrued vacation to cover wages, or unpaid leave. Can we do this? 02/27/2002National
151528index.aspxQuestions & Answers If an hourly employee makes mistakes that require a job or project to be redone (we refer to it as rework) can we require the individual to redo the work? 02/25/2002National
151506index.aspxQuestions & Answers Our company gives exempt employees one week of vacation after completion of their first year of service. How do I deal with people who need time off before they have completed their first year? Can their pay be docked for days not worked? 02/21/2002National
151524index.aspxQuestions & Answers We have an employee that is habitually sick and misses partial days. But we have been reducing his remaining sick/vacation hrs. for the amount of time he didn't work. Since he is salaried, do we have to treat his absences differently? 02/21/2002National
151505index.aspxQuestions & Answers Can you make someone use PTO time when you close the business due to weather or a blackout? 01/28/2002National
151508index.aspxQuestions & Answers Can an exempt employee be suspended for violating a company rule? 01/14/2002National
151544index.aspxQuestions & Answers In the state of Alabama, is it legal for an employer to require employees to wear uniforms, and make the employee responsible for one-half the cost of the uniform and the employer responsible for the remaining balance? 12/27/2001National
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