The employer kept Hassey`s last paycheque to cover some of the money owed under the repayment agreement. After attempting to collect the debt, the employer sued Hassey for breach of contract in order to recover the amount due from the repayment contract. Hassey`s response to the complaint contained an affirmative defense that the contract was not enforceable because it violated the FLSA and various provisions of the California Laboratory and Business and Professions Codes. The parties requested a summary judgment. The court granted the employer`s request and rejected the employee`s request and found that Hassey owed $US 6,619.92. The worker appealed. This applies to the employee`s or potential employee`s money, not just the salary they receive for the work. e. Business Expenses. A worker is entitled to reimbursement of all expenses or losses resulting directly from the fulfilment of the worker`s work obligations.
Article 2802 of the Labour Code may arise if an employer wrongly believes that a worker is entitled to payment or to an error in the pay slip. Employers in the JobKeeper wage subsidy program must pay at least US$1500 (before taxes) per two weeks to their legitimate employees. However, the reason for the withdrawal is important. While the FLSA does not exclude deductions for intentional embezzlement, the DOL prohibits deductions for cash bottlenecks that appear to be random rather than deliberate, or for certain types of reimbursements or employment expenses. See z.B. U.S. Dept. Laboratory Fact Sheet, Wage and Hour Division Sheet #16. In addition, the salary of exempt staff should not be deducted unless expressly permitted by the legislation in force. An employer may legitimately withhold only the amounts of a worker`s wages: (1) if required or permitted by national or federal law, or if a deduction is expressly authorized in writing by the worker to cover insurance premiums, benefit plan contributions or other deductions that do not correspond to a discount on the worker`s wages, or (3) where a deduction is granted to cover health benefits, social or pension contributions are expressly permitted by a collective agreement.
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