Some common payroll deductions often made by employers that are unlawful include:
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
Uniforms – If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802. 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
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com/
