California Employment Law
California Employment Law Questions Answered by Legal Experts
Hello and thank you for your question today.
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I just want to make sure that you are in California before I give you the answer to your question.
Yes, I am in CA
Legally, you are not allowed to deduct that charge from their paycheck. More about this can be found in Labor Code Section 2802.
The DLSE also has a website which outlines the exact requirements for what you may or may not deduct.
Even though they signed our agreement which specifically authorizes us to do so?
If you give me a moment, I will find you the link.
This kind of a charge would be considered a business expense, which as you can see, any deduction for this expense would be deemed unlawful.
This would result in payment to the employee of the amount, as well as a waiting time penalty levied against you.
I realize that this is not what you wanted to hear, and you may even have friends in the industry who do the same thing to their employees. But it does not make the action lawful.
And it would be unprofessional of me, and unfair to you, to provide you with anything less than the truth.
Thanks, XXXXX XXXXX I wanted to check before doing it. In other states, it appears that this clause can be enforced, but it seems that CA has already regulated against this. I appreciate your honesty. The last thing I want is a ruling against us. In the future, I'm going to have the employees pay for their background checks up front and then I'll reimburse them when they stay with us for 30 days or more.
That would definitely work. Have I fully answered your question today? Please do not hesitate to ask any follow up questions you may have.
I think that's all. Thank you for your help.
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