Can my employer deduct money from my paycheck for a mistake that I made?

No, an employer is not allowed to deduct money from an employees wages, in cases where the employee makes a mistake or has an accident that results in a cash shortage, breakage or loss of company property or equipment.

By Brad Nakase, Attorney

Email | Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

According to labor laws in California, employers are not allowed to take back wages that have already been paid to employees. This means that if your employer has already paid you, they cannot later deduct any part of those wages for a mistake you made. The purpose of this law is to ensure that employees’ earnings are protected and prevent deductions. If your boss deducted wages for a mistake you made, please contact our San Diego labor lawyer for a free consultation.

However, it’s important to consider the context and nature of the mistake as it may impact how this rule is applied. If the mistake resulted in a loss for the employer section 2802 may come into play. This section requires employers to cover any expenses or losses incurred by an employee while performing their duties even if the employer unlawfully assigned those duties. However, these provisions do not directly address deductions for mistakes.

In terms of if an employer attempts to deduct money for a mistake, it could potentially be argued as unlawful under section 221. Employees have the right to seek action if they believe their wages have been unfairly deducted.

It’s important to consider the circumstances of your situation and possibly consult with a legal professional for personalized advice. Labor laws can be intricate. Vary depending on the scenarios.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

Separation of Employment vs Termination: Key Differences and HR Best Practices

Separation of Employment vs Termination explains how resignations, layoffs, and absconding differ and affect HR decisions and documentation. Gain practical HR tips for handling exits, safeguarding company interests, managing expatriate employees, and minimizing legal risk in employee separations.

Group Audit: SAS No. 149 Requirements, Roles, Documentation, and Effective Date

SAS No. 149 outlines group audit requirements, roles, communication duties, aggregation risk, and documentation expectations for audit teams. It also explains responsibilities for group engagement partners, component auditors, referred-to auditors, and the SAS 149 effective date.

California CCP 1001: Expanded Restrictions on Employer Non-disclosure and Non-disparagement Agreements

California CCP 1001 and the Silenced No More Act restrict employer nondisclosure and nondisparagement clauses in workplace settlement agreements. Updated FEHA provisions protect employees who share information about unlawful workplace conduct and set strict limits on severance confidentiality.

Use It or Lose It Vacation Policy in California: Legal Rules and Accrual Caps

Find out how California bans use it or lose it vacation policies and treats paid time off as earned wages. See which accrual caps are allowed, what employers cannot do, and how unused vacation and PTO must be paid out.

Should I Be on the Clock While Driving a Company Vehicle? What California Law Says After Hernandez v. Pacific Bell

See how Hernandez v. Pacific Bell clarifies when California employees must be paid for commuting in company vehicles. Get clarity on the control and 'hours worked' tests that decide if drive time in employer cars counts as compensable work.

Target policies for employees: Recruitment, Pay, Culture

See how Target's HR policies shape recruitment, pay, and culture to attract and retain top retail talent. Review Target's focus on training, inclusion, benefits, compliance, and HR technology to support engaged, high-performing employees.

California Law About Contacting Employees After Hours (AB 2751)

See how California's AB 2751 gives employees a right to disconnect from after-hours calls, emails, texts, and pressure. Review protections, exceptions, and timelines so workers and employers can prepare for possible changes to California work-life boundaries.

The Right to Disconnect: Laws, Countries, and Work-Life Balance

See how the right to disconnect shapes modern work, from France and India to Australia, Canada, and beyond. Review key laws, country examples, and digital-age policies protecting boundaries between office demands, rest time, and family life.

California Defamation Law: Elements, Defenses, and Statute of Limitations

Get a clear overview of California defamation law, including libel, slander, key elements, and who qualifies as a public figure. Review common defenses, privileges, statute of limitations, and FAQs about proving harm, actual malice, and defamation per se in California.

SB 553 Workplace Violence: California Prevention Law and Employer Duties

California employers must comply with SB 553 workplace violence prevention rules, including written plans, employee training, and incident recordkeeping. Stay aligned with California Labor Code 6401.9 by updating policies, supporting workers, and preparing for Cal/OSHA enforcement expectations.

New Hire Paperwork Checklist: Forms, Requirements, and Compliance

Use this new hire paperwork checklist to organize required forms, payroll details, and benefits for compliant, efficient employee onboarding. See which I-9, W-4, state tax, and W-9 forms to collect, report, store, and securely manage.

Background Check Laws in California: Regulations Employers Must Follow

Stay compliant with California's updated background check laws and Fair Chance Act requirements when screening job applicants and employees. Get clear guidance on individualized assessments, new evaluation factors, and potential penalties under California rules.

EDD Audit in California: Triggers, Process, Penalties, and How to Handle It

Get practical guidance on EDD audits in California, from common triggers and audit steps to potential payroll tax penalties. Find out how to respond to notices, prepare records, and work with tax professionals to protect your business.

Pre-Employment Background Check California: Laws and Screening Types

California employers must follow strict state and federal laws when conducting pre-employment background checks to ensure fair and lawful hiring practices. This guide explains background check types, timelines, costs, and compliance requirements for conducting screenings in California.

Conducting Workplace Investigations: Steps, HR Protocols, and Key Guidelines

Conducting workplace investigations ensures fair handling of employee issues, maintaining compliance, and protecting organizational integrity. This article outlines HR protocols, timelines, and best practices for managing investigations with consistency and care.

CA Pay Transparency Law: Salary Range Disclosure, Reporting Rules, and Employer Compliance

Get a clear overview of California’s pay transparency law, including salary range disclosures, reporting requirements, covered employers, and remote postings. Ensure compliance, avoid pay secrecy pitfalls, and align internal practices with evolving multi-state rules, pay equity expectations, and penalties.

Essential Functions: Definition, ADA Rules, and Employer Duties

Core job functions define a role’s main duties and affect ADA coverage for workers with disabilities. Employers must set these functions clearly and offer reasonable accommodations without changing the position’s central requirements.

Meal and Rest Breaks California: Employer Rules, Requirements, and Consequences

California employers must comply with strict meal and rest break laws that protect nonexempt workers’ rights and prevent costly legal penalties. This article outlines employer responsibilities, employee entitlements, and the financial consequences of missed or interrupted breaks under California law.

CA Sick Pay 2025: California Paid Sick Leave Law, Updates & Employee Rights

CA Sick Pay 2025 raises paid sick leave for most California employees to five days or 40 hours each year. Covers eligibility, city rules, permitted uses, employer obligations, and steps if rights are denied under the updated law.

On Call Pay California: Employee Rights, Standby Time Rules, and Compensation Laws

California on-call and standby pay rules cover employee rights, employer control, minimum wage, overtime, and compensation eligibility. Get guidance on claims, evidence, class actions, and hiring attorneys to recover unpaid wages under state law.

Is Holiday Pay Double Time in California? Laws, Exceptions, and Employer Policies

California law does not require double pay or paid holidays; eligibility depends on your employer’s policies, contracts, or union agreements. Check your handbook or contract to see if holiday premium rates, time and a half, or double time apply.

Administrative Exemption California: Overtime Laws, Salary Rules, and Misclassification

The administrative exemption in California determines which employees are not entitled to overtime, meal, or rest breaks. Misclassification can result in lawsuits, back pay, and penalties for employers who fail to meet salary or duty requirements.

Sexual Harassment Training Requirements California: Employer Obligations, Content, and Compliance 2025

California employers with five or more workers must provide mandatory sexual harassment prevention training for all staff every two years. This article outlines employer responsibilities, required training content, compliance standards, and the latest 2025 updates under California law.

Labor Code 432 (California): Employee Access to Signed Documents and Personnel Records

California Labor Codes 1198.5 and 432 let employees access personnel records and copies of signed employment documents. Deadlines apply, and noncompliance can trigger a $750 penalty, legal fees, or court orders compelling employer compliance.

Section 3342 of Title 8 of the California Code of Regulations: Workplace Violence Prevention in Healthcare

Section 3342 of Title 8 sets California healthcare workplace violence prevention requirements, protecting staff from sector risks and threats. It mandates training, safety protocols, and incident logs to strengthen employee safety and compliance across healthcare facilities.

Pre-Employment Drug Testing Laws California: Employer Rules and Employee Rights

California pre-employment drug testing laws balance employer needs with employee privacy, with special rules for cannabis use and fairness. Covers rules on suspicionless testing, reasonable suspicion screening, public versus private employers, and drug-free workplace policies.

California Overtime Exemption - Job Types, Salary Rules, and Misclassification in 2025

California Overtime Exemptions: Job Types, Salary Rules, and Misclassification in 2025

California overtime exemptions in 2025 cover specific job types, salary thresholds, and professions excluded from wage and hour rules. Misclassification can deny workers overtime pay, rest breaks, and legal rights, leading to wage claims or class action lawsuits.

Split Shift Premium California: Employee Rights, Pay Rules, and Laws Explained

California split shift laws require employers to pay eligible workers a premium when work schedules are interrupted by unpaid breaks. Employees may pursue legal claims for missed premiums, interest, and damages if employers fail to comply with wage rules.

Does Walmart Do Breaks? Walmart Lunch and Rest Break Policy

Walmart break policy covers paid 15-minute rest breaks and unpaid meal periods, varying by shift length, with strict compliance. Applies to part-time, full-time, minors, and overnight workers.

Double Time in California: Overtime Rules, Pay Rates, and Employee Rights

California overtime and double time: eligibility thresholds, pay rates, and seventh-day rules for non-exempt employees under state law. Covers exemptions, alternate workweeks, union agreements, unauthorized overtime, and options to recover unpaid wages via claims or lawsuits.

Contact our attorney.

20240109

545

Can my employer deduct money from my paycheck for a mistake that I made?

Please tell us your story: