Is it legal for an employer to deduct a

I don’t know if it is possible to answer this question properly since the MOU

does not include a definition of what exactly the fee is paying for. However, this fee is in addition to union dues, insurance premiums, and retirement contributions.

Asked on September 14, 2018 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

In general, paycheck deductions are not legal. That is unless provided for specifically under the law or the terms of a written employment or union agreement. And here you state that in fact there is such an agreement in effect. Accordingly, since you knowingly entered into it, your consent for such deduction has been given. Accordingly, you have no claim regarding it now. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it is in your union contract, it is not illegal for them to take this fee. An employer may deduct from employee pay when there is consent; since you are covered by the terms of the contract, if the contract allows this deduction, you would be said to have consented to it.


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