Hello and thank you for your question today.
Are you online with me?
Welcome to the chat
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).