Is it legal for my employer to take money out of my pay without my consent?

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Is it legal for my employer to take money out of my pay without my consent?

My employer tok money out of my check,and when I asked what it was for, they told me that it was because I got paid for an extra day off. I never gave them consent for a payroll deduction.

Asked on August 7, 2019 under Employment Labor Law, Florida

Answers:

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

Answered 1 year ago | Contributor

Typically, an employer can only take certain legally required sums from an employee's  paycheck without their consent. Such deductions include taxes, child/spousal support, garnishments and, in some states, accidental overpayments. Under federal law, the Fair Labor Standards Act,an employer can recoup a wage overpayment by adjusting an employee’s future paycheck(s).  That having been said, whether such a recoupment is permissible under state law varies from state to state.  FL does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. Therefore, the lack of a law prohibiting deductions likely means that an employer can withhold/deduct wages from an employee's paycheck for an accidentaloverpayment.

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

Answered 1 year ago | Contributor

Typically, an employer can only take certain legally required sums from an employee's  paycheck without their consent. Such deductions include taxes, child/spousal support, garnishments and, in some states, accidental overpayments. Under federal law, the Fair Labor Standards Act,an employer can recoup a wage overpayment by adjusting an employee’s future paycheck(s).  That having been said, whether such a recoupment is permissible under state law varies from state to state.  FL does not have any laws regarding what deductions may or may not be taken from an employees paycheck or whether an employee must provide written consent prior to any deduction. Therefore, the lack of a law prohibiting deductions likely means that an employer can withhold/deduct wages from an employee's paycheck for an accidentaloverpayment.


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