Can deductions from an outside salesperson's salary, commission, bonuses, or expense reimbursements (any or all?) for "trunk stock" - product inventory that was issued to the sales rep to sell in the field, if it is not returned, lost or damaged?
Optional Information: Country relating to Question: United States State (if USA): California Already Tried: SHRM (WAGE DEDUCTIONS BY STATE), PIHRA, BLR, GOOGLE SEARCH. MOST OF WHAT I HAVE FOUND IS PRETTY GENERAL AND DOES NOT ADDRESS "INVENTORY FOR SALE" THAT HAS BEEN ISSUED TO OUTSIDE SALES REPS. WE ARE A CA CORPORATION, BUT ALSO HAVE REPS OUTSIDE CA.
Hello and welcome to JustAnswer.I'm sorry to hear about your situation and hope I can help.No, unfortunately, California law does not allow an employer to make any deductions from an employee's wages, including salaries, commissions, bonuses (if already paid), and expense reimbursements regardless of the situation.This comes from California Labor Code Seciton 221, which states:"It shall be unlawful for any employer to collect or receive from an employee any part of wages theretofore paid by said employer to said employee."However, if an employee does not return product inventory or returns in lost or damaged, the employer can sue the employee in civil court (small claims if the suit is for less than $10,000) for the amount in damaged, lost, or unreturned product.I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.Joseph41089.682366088
What about employees outside of CA?
Under the Fair Laobr and Standards Act, deductions are not allowed to be made from employees' wages either, so the same would hold true for employees outside of California as well.
Experience: Extensive experience representing employees and management