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Withholding Pay

When starting employment, many times we have to wait a few weeks to be paid, bringing many questions regarding pay withholding. Many people often ask can an employer withhold pay for various reasons. Many do not understand the difference between withholding pay from employees vs. severance pay withholding. Often people may turn to the Experts for help. Listed below is five of the Top withholding pay Questions that have been answered by the Experts.

Can an employer withhold someone’s commission and part of his or her pay until the following pay period. Then only pay them their base pay because the controller is on vacation?

Only if they have a written provision that allows for the delay in pay due to returns, etc. but to change the policy unilaterally because the controller is not there is not valid and a violation of the Dept of Labor (DOL) guidelines for pay. The problem is you would have to file a claim with your local DOL which would not endear you to the employer so perhaps just pointing it out on a friendly basis will be enough to get them to cut you a check.

If someone that lives in the state of Michigan is having their wages held what can they do?

This procedure is illegal. The individual’s boss is not permitted to withhold wages and has to pay all of the individual’s wages that they earned in the before pay period. They can mention the relevant Michigan law to the individual’s boss as follows:

408.472 Payment of wages; time; regularly scheduled weekly or biweekly payday; monthly payday; overtime earnings during month of December; frequency of wage payments.

An employer who has established a regularly scheduled weekly or biweekly payday shall be deemed to comply with subsection (1) provided that:
(a) Wages are paid to the employee on the established regularly recurring payday; and
(b) Such payday occurs on or before the fourteenth day following the end of the work period in which the wages are earned.
(4) An employer who establishes a monthly payday shall be deemed to comply with subsection (1) if the employer pays to the employee on or before the first day of each calendar month all wages earned during the preceding calendar month.

If someone’s boss has not paid them and is withholding a letter that was mailed to the party by the IRS, and they opened the party’s letter and refuses to return it. How can someone have the boss prosecuted for this?

The individual can file two charges against them, 1) stealing someone else’s mail (18 USC 1708 and 1709) and destroying their mail (18 USC 1705). The individual should get in touch with the U.S post Office Inspection Service. Here is a helpful website https://postalinspectors.uspis.gov/. 2) The individual should file a wage claim towards their boss for the amount of cash that is owed to them here is a helpful website http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

Can someone’s former employer withhold their entire final paycheck until they return their computer equipment?

Case Details: No deposit was ever requested and the party was never told prior to their employment or at any time during their employment that their check would be withheld until equipment was returned.

The company is required to pay the individual. If the company refuses to do so, then the individual can report the company to the Labor Dep. The company should ask to recover separately and could take this to small claims court.

If an employer is withholding pay from an employee because they cost the company money from their own negligence in the state of Colorado is this legal?

Generally speaking an employer in Colorado is not allowed to take a deduction for damage to company property caused by the negligence of an employee. The only exception would be if there was an enforceable contract where the employee received consideration in exchange for their agreement in the future to pay for damaged property.

Withholding pay by employers can be very confusing. Many of people are facing withholding pay, and have many questions and no answers. By asking the Expert’s individual’s can get their questions answered fast and promptly.
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