California Employment Law Advocate : California Employment Lawyer & Attorney : Robert Ottinger Law Firm : California, San Francisco, Los Angeles, Oakland : workplace discrimination, harassment, severance packages, wrongful termination, retaliation, sexual harassment, Family Medical Leave Act, overtime violations, executive employee contracts,

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Companies often try to pass on certain business expenses to their employees.  They typically do this is by making deductions for expenses such as uniforms from an employee’s pay and this is illegal.   Some deductions are permissible if they are truly for the benefit of the employee and that subject will be covered in the next blog post.   But here are some examples of common illegal payroll deductions:

1. Gratuities.  An employer cannot collect, take, or receive any gratuity or part thereof given or left for an employee, or deduct any amount from wages due an employee on account of a gratuity given or left for an employee.  Labor Code Section 351  However, a restaurant may have a policy allowing for tip pooling/sharing among employees who provide direct table service to customers.
   
2. Photographs.  If an employer requires a photograph of an applicant or employee, the employer must pay the cost of the photograph. Labor Code Section 401
   
3. Bond.  If an employer requires a bond of an applicant or employee, the employer must pay the cost of the bond. Labor Code Section 401
   
4. Uniforms.  If an employer requires that an employee wear a uniform, the employer must pay the cost of the uniform. Labor Code Section 2802, Industrial Welfare Commission Orders, Section 9.  The term "uniform" includes wearing apparel and accessories of distinctive design and color.
   
5. Business Expenses.  An employee is entitled to be reimbursed by his or her employer for all expenses or losses incurred in the direct consequence of the discharge of the employee’s work duties. Labor Code Section 2802
   
6. Medical or Physical Examinations.  An employer may not withhold or deduct from the wages of any employee or require any prospective employee or applicant for employment to pay for any pre-employment medical or physical examination taken as a condition of employment, nor may an employer withhold or deduct from the wages of any employee, or require any employee to pay for any medical or physical examination required by any federal or state law or regulation, or local ordinance. Labor Code Section 222.5