New Jersey has some of the most comprehensive and strict wage and hour laws in the whole country, including strong legal protections against unauthorized deductions. The New Jersey Department of Labor and Workforce Development explains that the Wage Payment Law prohibits employers in New Jersey from withholding or diverting employees’ wages, except under limited circumstances. If you are facing an unexpected paycheck deduction, you may feel confused and frustrated. You may be wondering what your rights and legal options are. Understanding your rights and legal option when facing illegal wage deductions is critical to protecting your hard-earned wages. This article discusses what you need to know to protect your hard-earned money.
Understanding Unlawful Deductions in New Jersey
New Jersey has a law that prohibits unlawful wage deductions. This law is meant to protect employees from being unfairly financially penalized for unintentional mistakes or accidents that occur on the job. But what exactly are unlawful wage deductions? These are paycheck deductions that violate state or federal law. Illegal wage deductions can take various forms. In New Jersey, employers cannot deduct any money from an employee’s wages for;
- breakages
- register shortages
- Taking uniforms or equipment without an employee’s consent
- loss of property
An employer cannot make any deductions that bring your pay below the minimum wage.
It is vital to note that not all deductions are unlawful. New Jersey employers can make deductions for;
- Taxes
- Agreed-upon health insurance premiums
- Social Security contributions
- Court-ordered deductions such as child support
While employers can deduct funds from employees’ paychecks for certain allowable purposes, the employee must authorize the deductions either in writing or under a collective bargaining agreement.
Understanding the difference between when an employer is allowed to deduct money from your paycheck and when they are prohibited from doing so can help you identify when your rights have been violated.
What Legal Protections are in Place?
Laws are in place that are meant to protect employees in the event that an employer unlawfully deducts their pay. Under federal law, employees are protected by the Fair Labor Standards Act (FLSA). For New Jersey employees, state law, specifically the Wage Payment Law, offers additional armor. This law specifies when and how an employer can deduct money from your paycheck. Generally, employers must obtain an employee’s written consent before making any deductions. Employees who do not follow the rules may be held accountable.
What to Do if You are Facing Illegal Wage Deductions
First, document everything. Preserve as much information as possible, including your pay stubs, a record of your working hours, the agreed-upon payment terms, and all communications. Second, notify your employer of the issue. Sometimes, employers are unaware of the issue and may be willing to correct the deduction. Keep a record of your employer’s response. Third, if any co-workers are aware of or facing the same issue, get their statements. These statements could strengthen your case. Next, follow your company’s internal complaint process. If you do not succeed, consult an attorney for guidance on the next step.
Contact Us for Legal Help
If an employer has unlawfully deducted your pay, contact our skilled New Jersey employment lawyer at Trabosh Law Firm for legal guidance.