Is it legal foran employer to deduct the employee’s check for damages done to a leased truck?
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Is it legal foran employer to deduct the employee’s check for damages done to a leased truck?
Asked on January 6, 2012 under Employment Labor Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
In NY, no deductions may be made from wages paid to an employee except those required by law (e.g. payroll taxes, child support, wage garnishments) unless they are expressly authorized, in writing, by the employee and are for that employee's benefit. Further, an employer may not require an employee to make any payment by separate transaction unless such a payment would be permitted as a deduction from wages (i.e. insurance premiums, pension payments, union dues, etc). It is a violation of the law for an employer to make any other deduction from an employee's wages.
So for example, as in your case, if an employee company damages property an employer may not recoup the value of that property by deducting from that employee's wages. In other words, it may not simply withhold an employee's wages without a court order. An employer must pursue whatever available remedies there are at law.
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