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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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California Labor Code 221 prohibits rewiring employees to pay

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California Labor Code 221 prohibits rewiring employees to pay anything back to the employer, but I saw somewhere on Google that there are exceptions such as repayments for taxes, social security, disability, etc. I pay my employees daily then every two weeks a payroll firm calculates and pays the withholdings. The employees have been paying me back their share of the withholdings but I'm now told this is illegal. They want to be paid daily but I can't afford to pay the payroll firm for daly reports. What can I do? Is there a formula for me to figure out the deductions daily?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

No, there is no exception under California Labor Code Section 221 for an employer to make employees pay for taxes, social security, and disability. Doing so, is in fact, illegal.

In fact, these contributions from wages are strictly the employer's responsibility, and the employer could get into a lot of trouble with the IRS, EDD, and Department of Industrial Relations (and others) for requiring an employee to pay the employer for payroll taxes.

Unfortunately, I am unaware of a daily calculation rate. You are only required to pay employees bi-weekly, and do not need to pay employees on a daily basis.
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