Experienced Employment Lawyers Protect New York Employees Against Unlawful Wage Deductions

Fighting greedy and unethical employers

You work hard for each and every penny you earn from your employer. Learning that your employer has imposed an illegal wage deduction upon your paycheck can be frustrating. The New York employment law attorneys at Hepworth, Gershbaum & Roth, PLLC take a strict stance against employers who illegally withhold wages from their employees. Leveraging more than 70 years of combined experience, our attorneys fight to help wronged employees recover compensation for unlawful wage deductions. 

What wage deductions are allowed under New York law?

State and federal laws authorize employers to withhold portions of an employee’s wages. These laws allow employers to make a wide range of deductions from an employee’s wages, including those related to payments for:

• Health and life insurance premiums

• Employer-sponsored legal plans

• Charitable contributions

• Fitness center or health club membership fees

• Daycare expenses

• Purchases made at employer-run marketplaces or events

• Parking passes

• Transit passes

• Uniforms

• Union dues

Under the same laws, an employee must first agree in writing to the deduction. Deductions made without this prior written consent are illegal and may leave the employer liable for financial damages.

How can I tell if a deduction is illegal?

Payroll deductions are complex issues, especially when state and federal taxes are involved. While they may be complicated, it is important to pay careful attention to wage deductions, and to make note of any irregularities that may occur.

A wage deduction may be against the law if:

• You did not authorize the deduction: Any deduction that you did not authorize in writing, in advance, may be unlawful. This includes deductions for actual dues you may owe. It is important to remember that your employer is authorized to withhold a portion of your wages for state and federal taxes and may not require prior authorization for these deductions.

• The deduction does not conform to the law: Payroll deductions that are not used to cover costs defined by state and federal are illegal by definition. For example, a deduction to cover the costs of an employee-funded event or group may be illegal, as laws do not define such payments are acceptable.

• The deduction exceeds an expected amount: Any change in an employee’s wage deduction must be authorized by the employee in question. If your employer has increased a deduction of your wages without gaining your authorization in advance, they may have broken the law.

Any deduction that falls under these categories should be addressed. Discussing your concerns with an experienced New York employment lawyer may help to shed light on your legal rights and options.

Recovering compensation for illegal wage deductions

If you believe that a portion of your earned wages has been illegally withheld, you have several legal options, including:

• Talking with your employer

• Filing a complaint with the Department of Labor

• Consulting a New York employment law attorney

It is important to note than any action you choose to take is protected against retaliation by your employer. Any adverse action they choose to take following your complaint, including terminating your employment, demoting you or further docking your pay, is against federal law.

Schedule a free consultation to discuss your illegal wage deduction concerns with one of our New York employment lawyers

At Hepworth, Gershbaum & Roth, PLLC, our New York employment lawyers are committed to helping you recover the compensation you are due for illegally withheld wages. To schedule a free initial consultation to discuss your contract concerns with one of our New York employment lawyers, contact us online or call 212-545-1199 today.