Illegal Deductions

Your employer can’t just take money out of your paycheck. When deductions aren’t allowed or weren’t authorized, that’s illegal — and recoverable.

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What are illegal wage deductions?

Illegal wage deductions are amounts an employer takes from your paycheck that the law doesn’t allow or that you never properly authorized — for things like cash register shortages, broken equipment, uniforms, or mistakes. Deductions are especially unlawful when they push your pay below the minimum wage.

Illegal deductions often show up as small line items that seem routine — until you realize your employer wasn’t allowed to take them.

How illegal deductions show up at work

  • You’re charged for register shortages or missing money

  • You’re made to pay for broken, lost, or damaged equipment

  • Uniform, tool, or supply costs are deducted from your pay

  • Deductions drop your pay below the minimum wage

  • Money is taken without your written authorization

  • You’re charged for training, onboarding, or background checks

  • “Fees” appear on your check you never agreed to

  • Customer walkouts or unpaid bills come out of your pay

Federal and state protections

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Employers can only take deductions the law specifically allows.

Federal

Under the Fair Labor Standards Act (FLSA), deductions generally can’t reduce your pay below the minimum wage or cut into your overtime. Costs that primarily benefit the employer — like uniforms, tools, or shortages — usually can’t be passed on to you if doing so drops you below the legal minimum.

Minnesota

Minnesota law tightly restricts what employers can deduct from wages and generally requires your voluntary written authorization for many deductions. Deductions for things like shortages, damaged property, or lost equipment are heavily limited.

Learn more

Illinois

The Illinois Wage Payment and Collection Act allows deductions only in specific circumstances — typically when required by law, or made with your express written consent given freely at the time of the deduction. Unauthorized deductions are recoverable.

Learn more

Not sure which law applies to your situation? That’s what we figure out with you.

When an employer takes money it shouldn’t have, the law lets you get it back — often with more:

  • The full amount of the improper deductions
  • The difference if deductions dropped you below minimum wage
  • Liquidated damages where they apply
  • Penalties against the employer under state law
  • Attorney’s fees and costs

Every case is different. What you can recover depends on the facts, the law, and the employer’s conduct.

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*Prior results do not guarantee a similar outcome.

How we handle illegal deductions cases

Every case starts with a free call. We listen first. If you have a case, we tell you what it looks like — what’s likely to happen, how long it might take, what’s realistic. If you don’t have a case, we tell you that too and try to point you toward someone who can help.

On contingency, you pay nothing unless we win.

Common questions about illegal deductions

  • Can my employer make me pay for a register shortage?

    Usually not, especially if it drops your pay below minimum wage. Shortages are generally considered a cost of doing business that employers can’t pass on to workers. If you’re being charged for missing money or a till that came up short, that deduction may be illegal.

  • Can I be charged for broken or lost equipment?

    Often not. Deductions for damaged or lost equipment are heavily restricted, and in many cases require your voluntary written consent — and still can’t push you below minimum wage. Being automatically charged for a broken laptop or tool may be an unlawful deduction.

  • What about uniforms and supplies?

    If a uniform or required supplies primarily benefit the employer, charging you for them can be illegal when it drops your pay below the minimum wage. Many uniform and equipment deductions don’t hold up under the law.

  • Does my employer need my permission to make a deduction?

    In many cases, yes. Minnesota and Illinois generally require voluntary, written authorization for many deductions, given freely at the time. A blanket clause buried in a hiring packet often isn’t enough. Deductions taken without proper consent may be recoverable.

  • Can I be fired for questioning a deduction?

    No. Retaliating against you for asking about or challenging an improper deduction is illegal. If your employer cut your hours, demoted you, or fired you after you raised it, that’s a separate violation on top of the deduction itself.

See all unpaid wages FAQs

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Common questions

How far back can I claim illegal deductions?

Federal claims generally reach back two years, or three for willful violations, with state deadlines that can differ. Because older deductions drop off as time passes, it’s best to act sooner rather than later.

How much does it cost to hire a wage lawyer?

For most cases, nothing upfront. We work on contingency, and in many wage cases the law requires the employer to pay your attorney’s fees on top of what you recover. The first call to find out if you have a case is free.

The deductions were small. Is it worth pursuing?

It can be. Small deductions repeated over many paychecks add up, and the law may add damages and penalties on top. When deductions affect a whole group of workers, the total can be substantial. A quick, free conversation will tell you.

What if I signed something agreeing to the deductions?

That doesn’t automatically make them legal. Some deductions are barred no matter what you signed, and consent often has to be specific and voluntary rather than buried in a hiring packet. It’s worth having someone check whether the deductions actually hold up.

Can a group of coworkers challenge the same deductions together?

Yes. Improper deductions usually hit everyone in a role the same way — the same uniform charge, the same shortage policy. These cases can be brought collectively, which can make them stronger. If your coworkers are affected too, mention it when we talk.