Can my employe make a deduction from my paycheck for a mistake that I made?

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Can my employe make a deduction from my paycheck for a mistake that I made?

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Asked on December 17, 2016 under Employment Labor Law, New York

Answers:

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

Answered 7 years ago | Contributor

The law on this varies a bit from state-to state. Typically, however, an employee can only be charged for a mistake if it was the result of negligence. You can contact your state's department of labor for further information. That having been said, in NY, an employer cannot simply deduct the cost of a mistake from an employee's paycheck. Such deductions are allowed only if they are agreed to in writing or done to comply with some aspect of state/federal law (child support, alimony, taxes, etc.).

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

Answered 7 years ago | Contributor

The law on this varies a bit from state-to state. Typically, however, an employee can only be charged for a mistake if it was the result of negligence. You can contact your state's department of labor for further information. That having been said, in NY, an employer cannot simply deduct the cost of a mistake from an employee's paycheck. Such deductions are allowed only if they are agreed to in writing or done to comply with some aspect of state/federal law (child support, alimony, taxes, etc.).


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