Is an employer withholding pay from employees so they can pay personal expenses legal?

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Is an employer withholding pay from employees so they can pay personal expenses legal?

Asked on December 18, 2012 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Employers may only legally withhold pay from employees in two circumstances:

1) The employee consents, or agrees, to the withholding voluntarily, such as to pay for health insurance or 401k contributions, or to repay the employer for a loan or tuition.

2) The withholding is required by law, such as FICA withholding or court-ordered wage garnishment.

Other than the above, wage withholding is most likely illegal, and the employee could contact the labor department to file a complaint and/or sue for the withheld money.


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