Legal Question in Employment Law in New Jersey

Re: chargebacks

Probably not. Go to the NJ Department of Labor, Wage and Hour section for more info. Here's part of the FAQ on Payroll Deductions:

PAYROLL DEDUCTIONS

Q. Is my employer supposed to give me a statement of deductions?

A. Yes. Each time you are paid you must receive a statement of deductions listing the gross and net wages and all individually itemized deductions (such as taxes) from your wages. The statement can be provided electronically or in hard copy.

Q. Are employers allowed to deduct for shortages or breakage?

A. No. Nothing can be deducted from an employee's wages other than those items required and/or specifically permitted by federal law and/or state law.

Q. Can an employer deduct money from my paycheck if I damage company equipment?

A. No. The Law does not permit deductions for damages to company equipment.

Q. Can an employer deduct money from my last paycheck if I don't return company property such as an ID tag, cell phone, tools, etc?

A.No. The Law does not permit deductions for failure to return company property of any kind.

Q. Can an employer make a deduction from my paycheck or require me to pay for drug or other pre-employment testing?

A.No. It is illegal for employers or prospective employers to make such a deduction from the wages of any employee or require that employee to pay any sum for drug or any other pre-employment testing.

Q. Can an employer make a deduction for uniforms or uniform maintenance?

A. No. The Law states "No deduction from the pay of employees for uniforms shall be permitted. If the employee pays for uniforms in cash and the cash payment brings the employee below the minimum wage, the employer shall make up the difference for the minimum wage for that week." In addition, an employer may not require an employee to purchase a uniform that contains a company logo or cannot be worn as street wear. However, Section 34:11-4.4b(6) of the Wage Payment Law, NJSA 34:11-4.1 et seq., allows deductions including those for: "Payments authorized by employees or their collective bargaining agents for the rental of work clothing or uniforms or for the laundering or dry cleaning of work clothing or uniforms; provided the deductions for such payments are authorized by the employer."

Q. Can an employer make a deduction from my paycheck or require me to pay for a license, certificate or certification that is required in order for me to perform the job?

A. No. The Wage Payment Law states that an employer cannot make a payroll deduction for a license, certificate or certification that is required in order for an employee to be permitted to perform the job. However, if the license, certificate or certification is the property of the employee, not exclusive to one employer and is required to perform the job, the employee can be required to pay for it, although not by means of a payroll deduction.