Typical Common Unlawful Employer Deduction To Employee’s Wage

Some common payroll deductions often made by employers that are unlawful include:

Tips & Gratuities

An employer cannot collect, take, or receive any gratuity or part thereof given or left for an employee, or deduct any amount from wages due an employee on account of a gratuity given or left for an employee. Labor Code Section 351  However, a restaurant may have a policy allowing for tip pooling/sharing among employees who provide direct table service to customers.

Photographs

If an employer requires a photograph of an applicant or employee, the employer must pay the cost of the photograph. Labor Code Section 401

Bond

If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. Labor Code Section 401

Uniforms

If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802,

Industrial Welfare Commission Orders, Section 9.  The term “uniform” includes wearing apparel and accessories of distinctive design and color.

Business Expenses

An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. Labor Code Section 2802

Medical or Physical Examinations

An employer may not withhold or deduct from the wages of any employee or require any prospective employee or applicant for employment to pay for any pre-employment medical or physical examination taken as a condition of employment, nor may an employer withhold or deduct from the wages of any employee, or require any employee to pay for any medical or physical examination required by any federal or state law or regulation, or local ordinance. Labor Code Section 222.5

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