Can my employer hold my paycheck or make a deduction for lost or missing work uniform attire?

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Can my employer hold my paycheck or make a deduction for lost or missing work uniform attire?

Asked on December 16, 2011 under Employment Labor Law, New York

Answers:

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

Answered 9 years ago | Contributor

In NY, an employer may not make any deductions from the wages of an employee except those deductions required by law (e.g. payroll taxes, child support orders, wage garnishments) or certain deductions expressly authorized for the benefit of the employee (e.g. insurance premiums, pension benefits, union dues and similar payments). Accordingly, if an employee damages, looses or otherwise takes property belonging to an employer, the employer may not recoup the value of that property by withholding any part of the employee's wages.

Note: The employer, like any other victim of negligent or criminal behavior of another, must pursue whatever remedies are available at law. Additionally, an employer may not compel an employee to pay the cost of acquiring or maintaining uniforms required on the job.


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