Can a company pass on payroll expenses to an employee

UPDATED: Oct 1, 2022

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Can a company pass on payroll expenses to an employee

Hello ,
Ive worked for a company for about 5 years.
My title is a messenger i delivery and retrieve
packages and get payed per package.
Recently their was some changes and my boss
now says were going to get charged 25 admin
fee for payroll costs included in our weekly
cheek. Is this legal?

Asked on February 4, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, it's not: an employer may not take money out of an employee paycheck (e.g. charge fees) without either employee consent (permission) or a court order (like for wage garnishment). If they try to charge fees against your paychecks without consent or a court order, that is a violation of the labor laws; you could contact the department of labor to file a complaint.
Of course, instead of charging you fees, they could simply lower your pay by 25%, and that would be legal: unless you have a written employment contract locking in or guarantying your pay, your employer may change it at will.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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