Information for Employers regarding how and when deductions can be made.
Alabama Employer Training Memo - Payroll Deductions
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To find out what your state allows and prohibits, contact your state department of labor.Deductions for Uniforms.Deductions for Tools and Equipment.Deductions for Cash Register Shortages and Breakage.Deductions for Lodging and Meals.Deductions to Pay Back a Debt.
Unlawful deduction of wages is when a worker or employee has been unpaid or underpaid wages. There must be an actual deduction of wages, not just a proposal to deduct wages. The Employment Rights Act 1996 (ERA) protects employees and workers from having unauthorised deductions made from their wages.
What are payroll deductions?Income tax.Social security tax.401(k) contributions.Wage garnishments.Child support payments.
Allowable Paycheck DeductionsPersonal loans (cash advances, 401(k) or retirement loan payment, bail or bond payments, etc.)Personal purchases of a business's goods or services such as: Food purchases from the cafeteria.Employee's health, dental, vision, and other insurance payments or co-payments.
The general rule on wage deductions is clear: No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees. The law, however, strikes a balance by including certain exceptions to this prohibition.
Pre-tax deductions: Medical and dental benefits, 401(k) retirement plans (for federal and most state income taxes) and group-term life insurance. Mandatory deductions: Federal and state income tax, FICA taxes, and wage garnishments. Post-tax deductions: Garnishments, Roth IRA retirement plans and charitable donations.
Only three kinds of deductions can be made from an employee's wages:Statutory deductions. Certain statutes require an employer to withhold or make deductions from an employee's wages.Court orders.Written authorization.
The standard payroll deductions are those that are required by law. They include federal income tax, Social Security, Medicare, state income tax, and court-ordered garnishments.
Reducing pay would be a variation of an employees' contract of employment. Employers cannot unilaterally vary a contract of employment. This decision is therefore one the employees in question would need to consent to. They are not obliged to give their consent, and, could take legal action to prevent such a change.
Taking money from wages without consent or contractual provision can result in a claim for unlawful deduction of wages, even if the individual has been employed for less than two years.
