Legal Question in Employment Law in Oregon

Re: Deductions

Simply put: NO. There are only certain specific reasons allowed for deductions. If you are an Alabama resident, please respond via email, or telephone to my office and I will be glad to look into the matter for you. If you are not an Alabama resident, I would recommend contacting an attorney in your state; if you don't know of attorneys handling these types of cases, go through the local or state bar associations for a referral.

Sincerely,

Sterling L. DeRamus

[email protected]

205-458-1100

Re: Deductions

An employer can deduct wages only if it complies with the law. Oregon statutes provide specific requirements for any deduction. The statute, 652.610, provides for deductions only when (a) The employer is required to do so by law;

(b) The deductions are authorized in writing by the employee, are for the employee's benefit, and are recorded in the employer's books;

(c) The employee has voluntarily signed an authorization for a deduction for any other item, provided that the ultimate recipient of the money withheld is not the employer, and that such deduction is recorded in

the employer's books;

(d) The deduction is authorized by a collective bargaining agreement to which the employer is a party; or

(e) The deduction is made from the payment of wages upon termination of employment and is authorized pursuant to a written agreement between the employee and employer for the repayment of a loan made

to the employee by the employer, if all of the following conditions are met:

(A) The employee has voluntarily signed the agreement;

(B) The loan was paid to the employee in cash or other medium permitted by ORS 652.110;

(C) The loan was made solely for the employee's benefit and was not used, either directly or indirectly, for any purpose required by the employer or connected with the employee's employment with the

employer;

(D) The amount of the deduction at termination of employment does not exceed the amount permitted to be garnished under ORS 23.185 (1)(a) or (d); and

(E) The deduction is recorded in the employer's books.

(4) Nothing in this section shall be construed as prohibiting the withholding of amounts authorized in writing by the employee to be contributed by the employee to charitable organizations, including

contributions made pursuant to ORS 243.666 and 663.110; nor shall this section prohibit deductions by check-off dues to labor organizations or service fees, where such is not otherwise prohibited by law; nor

shall this section diminish or enlarge the right of any person to assert and enforce a lawful setoff or counterclaim or to attach, take, reach or apply an employee's compensation on due legal process.

Please be aware that the above is not specific legal advice. You will need to consult with an attorney for advice about your specific problem.