Can we deduct from an employee's paycheck to pay back an advance?

State law sets the rules for payroll deductions.

By , J.D.
Need Professional Help? Talk to an Employment Rights Attorney.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

Question

Our company has never allowed employees to ask for payroll advances, but we're considering a change in policy. If we let an employee take an advance, can we just deduct the amount from the employee's next paycheck?

Answer

The answer depends on several things, including how much the employee earns, how much the employee borrows, and what state you do business in.

Employers are not required to allow payroll advances (loans from the employer made against an employee's future earnings). Many employers simply don't let employees take advances. After all, it can be a hassle for your payroll administrator. It also puts your company in the position of providing banking services for employees, essentially.

If you choose to allow advances, however, you need to follow some basic rules when it comes to getting your money back. Under federal law, you may deduct an advance from your employee's paycheck. However, you may not deduct so much that it reduces your employee's pay to less than the hourly minimum wage ($7.25, currently). For low-wage employees, this means you may need to spread the repayment period out over several paychecks.

State law might set more protective rules for employees. For example, some states allow employers to deduct money from an employee's paycheck to repay an advance only if the employee agrees to the deduction, in writing. Even if your state doesn't imposed this requirement, however, it's a good idea to follow it. That way, you'll have written proof that your deduction was authorized. And, employees will be on notice of exactly how they'll have to pay back that advance.

Get Professional Help
Talk to an Employment Rights attorney.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you