Wage deductions are illegal under the FLSA if they reduce your pay below the federal minimum wage or cut into your overtime earnings. For example, your employer cannot deduct the cost of uniforms, tools, or equipment if doing so would bring your hourly pay below the federal minimum wage.
Other illegal deductions may include charging you for broken items, missing cash, or business losses you did not cause. These types of deductions are typically considered to benefit the employer—not you—and the Fair Labor Standards Act (FLSA) protects you from them.
Our Boston wage theft and overtime pay dispute lawyer can determine if your employer’s actions broke the law. We will review your pay stubs, hours, and deductions to see whether your wages were handled properly. You can start with a free consultation.
When Is a Wage Deduction Illegal?
Not all deductions are against the law. But under the FLSA, a deduction becomes illegal if:
- It drops your pay below the federal minimum wage.
- It affects your overtime pay.
- It is made without your consent when required.
- It is for the employer’s benefit, not yours.
Here are a few common examples:
- Uniforms or tools required for the job: Your employer can’t deduct the cost if doing so drops your pay below $7.25/hour, the current federal minimum wage.
- Cash register shortages: Your boss can’t make you pay for a missing $20 if that makes your wages fall under the legal minimum.
- Damaged company property: You usually can’t be forced to pay for broken equipment unless your pay stays above minimum wage and state law allows it.
- Business losses: If a customer walks out without paying or cancels an order, that’s the cost of doing business, not something that should come out of your paycheck.
Employers sometimes think these deductions are fine, but that may not be true. That’s why it can help to have our Boston labor and employment lawyer review your case.
For a free legal consultation, call (860) 999-9394
We Will Help You Understand the FLSA and Your Rights
It’s not always easy to know if an employer has violated your rights. That’s where it helps to have an attorney review your situation. A lawyer from our firm who understands labor and employment laws will:
- Review your pay records.
- Help you figure out if the deduction was legal.
- Explain what the FLSA says about wages, hours, and deductions.
- Take legal action if your employer broke the law.
The FLSA is a federal law that sets basic rules for wages and hours. This includes rules about what kinds of deductions are allowed and which are not. Many workers don’t realize they are being paid less than what they legally earned. We will break things down in plain language and take steps to protect your rights if needed.
Which Legal Wage Deductions Are Allowed Under the FLSA?
The FLSA does allow some deductions. These are usually:
- Required by law: Taxes, Social Security, Medicare, and court-ordered wage garnishments
- Agreed to in writing: Union dues, voluntary retirement plans, or insurance premiums
- For the employee’s benefit: Such as paying into a health savings account
Even when deductions are legal, employers must follow specific rules and be clear about what they are taking out of your paycheck. If they did not tell you about the deductions or you did not agree to them, you may have a case.
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Do State Laws Offer Protection From Illegal Pay Deductions?
Yes. Some states in New England, like Massachusetts and Connecticut, provide stronger protections than federal law. While the FLSA sets the minimum standard, state laws may go further. Here are some examples:
- Massachusetts law does not allow deductions for tools, uniforms, or damages without the employee’s written consent and unless certain conditions are met.
- Connecticut law requires employers to get clear written approval from the employee before making most paycheck deductions.
If your employer follows federal law but not state law, they could still be violating your rights. We know which laws apply and how to use them to protect your rights.
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Examples of Illegal Deductions That May Violate the FLSA
Here are a few real-world examples that workers have faced:
- A fast-food worker was charged for meals they didn’t eat.
- A delivery driver was required to pay for gas and repairs without reimbursement.
- A retail employee had their paycheck docked for a shoplifting incident they did not witness.
- A caregiver had uniform costs deducted every pay period, even though their hourly rate was just above minimum wage.
If something like this has happened to you, there’s a good chance the deduction violated the FLSA or state labor laws.
What Should I Do If My Employer Took Money From My Pay?
If you think your paycheck is short because of an illegal deduction, here’s how you should respond:
- Save your pay stubs: These documents show what you were paid and what was taken out.
- Write down what happened: Note the date, the amount deducted, and what your employer said about it.
- Don’t quit your position right away: In some cases, leaving a job can hurt your ability to recover wages.
- Contact a lawyer: A labor and employment attorney can help you figure out your next steps.
You don’t have to confront your employer alone. Our employment attorneys can do that for you, and they can also talk directly with the company or file a legal claim if needed.
Talk to a Lawyer About Illegal Wage Deductions Under the FLSA
If your employer has made deductions from your pay that don’t seem right, you have the right to ask questions—and to take action. Our legal team can review your case, explain your rights, and help you hold your employer accountable if they broke the law.
At Duddy, Goodwin & Pollard, we fight for workers, not big corporations. We take pride in providing employment law services that most firms do not offer. Our firm handles wage cases on a contingency basis, which means you pay no legal fees unless we recover money for you.
You don’t have to accept unfair treatment. Let us help you protect your paycheck and your rights under the law. Contact us today for a free consultation.
Call or text (860) 999-9394 or complete a Free Case Evaluation form