Under state law, (RSA 275:48) an employer’s ability to lawfully withhold a portion of an employee’s wages is limited to specific circumstances. For example, an employer cannot even withhold for an accidental overpayment of wages unless the employee voluntarily agrees and the agreement is in writing. The statute sets forth the terms and limitations of such an agreement.
In a recent case before the N.H. Department of Labor, an employee had $4,763 deducted from his final two paychecks for prepaid bonuses that the company claimed he was not eligible to receive. Because there was no written agreement regarding the withholding of those wages, the DOL determined that the deductions from the employee’s pay was illegal.
If your employer is not properly paying you or if your wages are being tampered with, please call us to see if you have a case because we represent employees, not employers. Call 1-800-240-1988 or fill out our Contact Form online.