Information for Employers regarding how and when deductions can be made.
Maryland Employer Training Memo - Payroll Deductions
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FAQ
If your claim begins in: not enough wages earned in the Standard Base Period to file a monetarily valid UI claim, and there are enough wages in the Alternate Base Period. The Alternate Base Period is the last four completed calendar quarters prior to the beginning date of the claim.
The standard base period is the first four of the last five completed calendar quarters before your claim effective date. The wages you earned during those quarters are used to determine if you are monetarily eligible for unemployment insurance benefits.
An employer may not keep any part of the wage of an employee, either by withholding an entire paycheck, part of a paycheck, or by way of incremental wage deductions from several paychecks, as security against some future or contingent occurrence.
Employers can only deduct money for training courses if it was agreed in the contract or in writing beforehand. For example, an employer could ask someone to agree in writing before a training course to pay back costs if they leave within 6 months.
So can an employer withhold pay? The answer is yes, but only under certain circumstances. If the employee has breached their employment contract, the employer is legally allowed to withhold payment. This includes going on strike, choosing to work to rule, or deducting overpayment.
A. No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs.
The Alternate Base Period (ABP) program requires the Employment Development Department (EDD) to use more recently earned wages to calculate monetary eligibility for new Unemployment Insurance (UI) claims for unemployed individuals who do not qualify for a UI claim using the Standard Base Period.
An employer may not keep any part of the wage of an employee, either by withholding an entire paycheck, part of a paycheck, or by way of incremental wage deductions from several paychecks, as security against some future or contingent occurrence.
The Maryland Wage Payment and Collection Law contains a "private right of action," which means you can sue a Maryland employer directly for unpaid wages in Maryland state court. A Maryland employee may bring an action for unpaid wages only after two weeks have elapsed from the date they should have been paid.
The Alternate Base Period is the four most recently-completed calendar quarters prior to the date you first applied for UI benefits.
