can employer deduct med ins payments twice in the same pay period?

I was recently terminated from employment on 10/20/15. I received my final pay on an Aline debt card for my hours worked on 10/18 thru 10/20. I was told the remainder of my pay (10/4-10/17) would be on my regular direct deposit on 10/23. I received $0. Upon investigating I found that since I was issued basically 2 separate paychecks, the medical/dental/vision insurance payments were deducted twice for the same pay period leaving me with nothing. Is this legal?

Also according to ca labor laws shouldn't I have received my FULL final paycheck immediately not told to wait 3 days till the scheduled payday?

1 answer  |  asked Oct 23, 2015 6:06 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
It is not legal to deduct more than authorized. I'm sure you did not authorize double deductions. BUT if you agreed to pay a certain amount per month for insurance that covers you for the entire month, you might have authorized a total amount per month, to be deducted per paycheck – as opposed to deducted per pay period. We would have to read the deduction authorization you signed to be able to answer your first question.

And yes, your employer should have paid you at the time it terminated you. California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave.

If the employer ends the employment, the payment must be made at the place of termination.

If the employee quits without giving 72 hours notice AND does not request that final wages be mailed to a particular address, then these payment must be made at the office of the employer within the county where the work was performed.

If an employee previously authorized direct deposit, that authorization is immediately terminated when an employee quits or is discharged, and the employer must make the final wage payment as above UNLESS the employee voluntarily authorized the direct deposit AND the employer makes the payment on time, as described above.

If the employer does not pay as required, there is a penalty against the employer and in favor of the employee: the employee’s pay continues as if the employee were still working, every day until the employer pays in full, up to a maximum of 30 days. The employee is entitled to interest at 10 per cent per annum on the unpaid amount. Also, if the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees and costs of suit.

posted by Marilynn Mika Spencer  |  Oct 28, 2015 6:22 PM [EST]

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