Greg Smith and Associates, Attorneys at Law
Salt Lake City (Murray)
Free 15 Min. Consultation  :  Nights & Weekends  :  Easy Payments

801-651-1512  -  24/7

Free 15 Min. Consultation 24/7

801-651-1512

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Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
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Utah Wage and Hour Claims Lawyer

Wage Claims Against Employers and Managers


Can my boss deduct money from my paycheck?

Short answer:

Under Utah law yes, but if the boss ends up being wrong (and the money belonged to you), you may sue him for theft, interference with chattels, or conversion. See the case review below (Utley case).

Under federal law yes, too, but if that means you are not getting paid minimum wage and/or overtime, he has a problem on his hands. You see, the FLSA requires employers to promptly pay their employees a minimum wage (and that is for every pay period). See 29 U.S.C. § 206(a).

Thus, if the employer makes a deduction from your paycheck - for whatever reason - and that deduction brings your pay under the minimum wage, the employer could end up having having to pay the minimum wage double (liquidated damages) and attorney fees. This often happens when an employer withholds the employee’s final paycheck. Paying a person $0 obviously means the employee worked that period for less than minimum wage. This is even the case if an employer deducts for cash register shortages.

Solis v. Supporting Hands, LLC, (D.N.M. Apr. 30, 2013).

Under both laws, if it looks like the boss is doing that to retaliate against you for asserting your right to wages, he has another problem on his hands.

The leading case on this in Utah is Mill Man Steel. In that case, Mill Man Steel fired Kendall Utley “on suspicion that he had misappropriated steel from the company. In so doing, Mill Man refused to pay Utley the commissions he claimed to have earned, asserting a right to withhold the commissions as an offset against the value of the allegedly misappropriated steel.”

The employee, Mr. Utley sued, saying Mill Man violated the Utah Payment of Wages Act (UPWA) because they withheld money from him without his written consent. The district court granted summary judgment for Utley, but the trial court was reversed.

The court essentially said in cases such as alleged theft, an employer can withhold money, but does so "at its peril, however." In other words, “if the offset – or deducation - is not found to be warranted, the employer will be subject to liability and penalties under the UPWA.” When an employer withholds pay and fires an employee that employer could end up having to pay the employee up to 60 more days of wages (even though the employee no longer works there), and even face criminal prosecution.

Utley v. Mill Man Steel, Inc., 2015 UT


From the BestUtahLawyer.com blog: Wage & Hour Claims.


Videos by Greg Smith explaining your rights and recourse under the law:

See Employment Law Videos




We Can Help You Now

Call 801-651-1512   Call Now 24/7 Free 15 Min. Consultation
24/7, Nights & Weekends
Typically No Retainer - Easy Payments!*

Use our secure private form

I have read the disclaimer.

Office Location

Salt Lake City Office
111 E. 5600 S. #105
Murray, UT 84107

Telephone: 801-651-1512
Fax: 801-255-2134
Salt Lake City Law Office Map





Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.



Greg Smith and Associates
111 E. 5600 S. #105
Murray, UT 84107

Salt Lake City, UT

801-651-1512


Typically No Retainer - Easy Payments. *Call for details.


Greg Smith and Associates, Criminal Law Attorneys, represent clients in Salt Lake City (SLC) and all throughout the state of Utah.


DISCLAIMER: I understand that I am contacting a corporation, not an individual, and that if I do business with the law firm, it will be with that corporation, not any individual(s). I understand that Greg Smith and Associates is not the legal name of the law firm, rather, it is "Aafordable Legal Advocates, PC." I also understand that whatever may relate to, or arise out of, any communication with the law firm, which results in any type of legal action, such must be brought in the Third District Court of Utah, West Jordan Department, and that this is mandatory not permissive.


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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

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