Legal Question in Employment Law in California

Unfair Payroll Deductions

My friend's employer forgot to deduct health insurance from her payroll for 9 months. The employer now wants to deduct 250% of the standard insurance deduction from each paycheck for the next six months to make up for the mistake. The employer wants to force the employee to pay back the omitted deductions in one way or another, but this would leave the employee with practically zero income. Is this legal?


Asked on 11/12/04, 1:25 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Unfair Payroll Deductions

The employee owes the insurance premium portion, so it will have to be paid. The only issue is how it gets paid or repaid now. That is negotiable. Make a good faith offer and work it out as best you can.

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Answered on 11/12/04, 6:50 pm


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