Can an employer hold back wages?
may an employer regularly hold back a portion of an employee's first paycheck?
Answers:
It depends on why they are doing it.
I'm not 100% sure but one time when I worked for Tower Records they flat out refused to pay me. I took them to the labor board and they lost so fast I couldn't even believe it. Not to mention the fact that for every working day past the day that they were legally supposed to pay me, they ended up owing me full time wages for those days! An $80 paycheck turned into $460! I was well impressed.
So if in doubt, go to the labor board and get some payback.
If their is any Judgment against you or child support for example, then the employer by law has to withhold the wages. Your employer has to obey the law, they will withhold the amount that the order says, and they will forward the payment to the proper agency.
If they do not have any Judgment orders; then I do not see why they would be withholding your pay.
You need to clarify the reason if any; and if you don't know, you need to ask your HR department and if they say it's a Judgment order then they should give you a copy of the order.
If your employer says that they do not have a "legal or valid reason" then they must pay you your back wages with your following pay check.
Please explain further.
Most companies have certain pay cycles.
They may run their payrolls every Wednesday for the previous week, which would not include Sunday, Monday and Tuesday of the current week.
If this is the case, they are not holding back pay.
If this is a new job for you and you received a portion of your first paycheck, in California an employer can hold your first paycheck to ensure you a paycheck if you quit or lose your job. It is paid at the end of your service to the employer and is money to help you while you are waiting for unemployment benefits or you find another job.
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