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Repayment of Tips

If an employee is over paid gratuities is it legal to deduct them out of their next check? (In CA)

California employers may make wage deductions when required by federal or state law, such as for income taxes or garnishments; when authorized in writing by the employee cover insurance premiums, hospital or medical dues or other deductions not amounting to a rebate or deduction from the wage paid to the employee; or when authorized by a collective bargaining or wage agreement, specifically to cover health and welfare or pension payments.

In the case of an overpayment of wages (including tips), the employer must have written authorization from the employee in order to lawfully withhold pay. However, if the employee should refuse to authorize the deduction, the employer may file in court for recovery of the overpaid wages.

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This entry was posted on Sunday, March 18th, 2012 at 9:37 am and is filed under
Compensation, Human Resources Management, Labor Laws.
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