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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 111673
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Is it ok in CA to have an employee pay the stop payment fee

Customer Question

Is it ok in CA to have an employee pay the stop payment fee for lost/destroyed paychecks? We would not deduct it from their wages. They would provide a money order. Also, we would like to charge for lost W2 forms...in CA. We do this in other states but are unsure about CA.
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: no
JA: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else important you think the Employment Lawyer should know?
Customer: Only that the bank charge is $25 and we would like the employee to only pay the $25 amount the bank charges the company.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 9 months ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under CA law, if the employee loses the check or the W-2 and needs a replacement, there is no law stating that the employer cannot charge an administrative fee that is reasonable for issuing replacements. Thus, if the employer suffers fees for cancelling the check or fees for reissuing the W-2, the employer can pass that cost onto the employee if the employer has a policy in place to do so and gives notice to the employees in advance.

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