ABA Family Legal Guide

Law and the Workplace

On the Job

Wages and Hours

Can the employer withhold money from an employee's paycheck?

The employer is required to withhold taxes and amounts that have been garnished from an employee's paycheck. (See "Garnishment of Wages" on page below.)

An employer is allowed to withhold certain items from an employee's paycheck if the employee has authorized the withholding. Examples of such withheld items are union dues, charitable contributions, or insurance premiums. These withholdings are allowed even if the amount received falls below the minimum wage.

Certain types of items cannot be deducted from employee paychecks if the deduction would cause the pay to fall below the minimum wage. Examples of such items are the cost of uniforms used for work, the cost of cleaning uniforms used for work, or employee breakage or cash shortage debts.

Some states limit the reasons for which an employer can make deductions from wages in other ways, or require an employer to follow certain procedures before making deductions.