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Illegal Deductions

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    You work hard for your wages. But when your employer makes illegal deductions from your paycheck, you deserve compensation and justice. In New York City, your employer can only take wage deductions under certain situations. This includes things like health care premiums and weekly tax deductions. This doesn’t stop some employers from trying to take your wages.

    If you have been subjected to illegal deductions, know that the New York employee rights lawyers of Brown Kwon & Lam are here for you.

    New York City Illegal Wage Deductions

    In New York, your employer cannot take illegal deductions from your pay. These specifically include:

    In addition to these illegal deductions, your employer cannot deduct the cost of your uniform from your pay if in doing so, it brings you below minimum wage. If your uniform requires specific cleaning and alterations that would bring you below the minimum wage, the employer must provide you with these services.

    What is a legal deduction?

    To be a legal pay deduction, the deduction’s authorization must be in writing. Even then, there can only be a deduction once the employee receives written confirmation. This confirmation must make your employer aware of the terms and conditions which apply to the deduction.

    If there are substantial changes to the deduction amount, the employer must notify the employee before the charge occurs.

    Another form of legal deduction is the repayment of advances of salary or wages that an employer makes for an employee. This includes the recovery of overpaid wages from an employer’s clerical or mathematical error.

    Common deductions your employer may take from your wages also include:

    New York law requires employers to keep copies of the notices on file while the employee works for the employer and for six years following the employee’s departure from the company. Remember, while these types of deductions are legal, you must still consent. Without it, your employer can’t take them from your paycheck.

    Recovering Compensation After Illegal Deductions

    If you believe you’ve suffered illegal deductions in your pay, you have options for recovering those lost wages. You have the right to ask your employer:

    If you’ve received neither, you have the right to file a complaint with the New York Department of Labor and to consult with a New York wage and hour attorney.

    Whatever decision you make, know that you are protected by the law against retaliation by your employer. Should adverse employment actions take place, you have the right to pursue legal action.

    Know Your Rights: Illegal Wage Deductions in New York

    If you believe your employer has been taking illegal wages from your pay, you need a trusted employment attorney. At Brown Kwon & Lam, we will conduct a thorough investigation of employee payroll records to see if you have been taken advantage of.

    Be it unpaid wages or illegal deductions, our team will review your case to ensure you receive compensation for what is rightfully earned. Contact us today.

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