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Wage payment laws and its effect on employees

by Harsh Upadhyay
July 19, 2021
in Employment
Reading Time: 6 mins read
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Introduction

The legal environment in U.S. compensation administration practices consists of federal. State legislation and the regulations imposed by executive branches of these governments. In the case of some developing legal concepts, case law (court decisions) represents the public position. In these forms, the government is stating public intentions or guides to decision-makers. Although private organizations tend to characterize these laws, regulations, and court decisions as constraints, they may also represent opportunities.

It is difficult to portray this legal environment briefly. In essence, the “rules” state compensation must not occur too low or (at times) too high, but within these limits’ compensation decisions left to the parties involved. Also, in the interest of fairness, certain groups have been protected, and all must be paid when wages are due. Unfortunately, governments have not labeled the laws, regulations, and cases according to categories of compensation. Nor indeed have they limited them to compensation matters. Because our concern is with benefits and compensation, we will focus on the guides of concern to benefit and compensation decision-makers.

A large number of things impact the remuneration of the employees of any association. A portion of these is outside to the association, for example, the work market and the law. Some are interior to the association, like authoritative culture and strategies. Some are essential for the representative, like ability and execution. This part is the first of three sections that depict these outer and inside effects on remuneration – its centre is that of the legitimate climate[1].

Deduction of Wages

Benefit providers usually send an itemized billing list once a month for the coverage that you are carrying on employees. Take care to reconcile this statement each month and make sure that you’re not paying for coverage that employees no longer have and that your employees’ deductions are enough to pay for the coverage they have. Make sure that employees who have terminated coverage are taken off your bill, too[2].

There are three types of deduction

  1. Deductions required by law. Examples are wage garnishments (taxes such as Social Security taxes and income taxes are also deductions required by law).
  1. Deductions for the employer’s convenience. Examples are those made to cover overpayments, wage advances, docking (for things such as spillage, breakage, or cash register shortages).
  2. Deductions done as a favor for employees. Examples are benefit premiums, charitable contributions, and uniforms[3].

Dishonored or Returned Checks.

State and federal statutes, regulations, and case law govern the payment system in the United States. The relevant legal principles generally depend on the method of payment (paper-based or electronic) and in some cases the status of parties to payment, for example, consumer, merchant, or financial institution. Several federal laws discussed further below, apply to payment activities, particularly in the consumer sector. At the state level, the Uniform Commercial Code (UCC) establishes a set of model statutes governing certain commercial and financial activities, including some banking and securities market transactions.

Dishonored or Returned Checks laws

Articles of the UCC pertinent to payment and settlement activities are the following: Article 3 (negotiable instruments), Article 4 (bank deposits and collections), Article 4A (funds transfers, including wholesale ACH credit transfers), and Article 8 (investment securities).1 One of several versions of these Articles, sometimes with local variations, has been incorporated into the laws of all the states.

Articles 3 and 4 of the UCC together form the legal basis of paper-based cheque transactions in the United States. In addition, Congress passed the Expedited Funds Availability Act of 1987 (EFAA), which granted the Federal Reserve Board authority to make improvements in the cheque collection and return system in the United States. Accordance with the EFAA, the Federal Reserve issued Regulation CC, which includes a number of provisions designed to improve and accelerate the collection and return of cheques among deposit-taking institutions. In addition to Regulation CC, cheques collected through the Federal Reserve governed subpart.  An of the Federal Reserve’s Regulation J, which provides rules for collecting and returning items through the Federal Reserve.

The Federal Reserve Banks, including their 25 branches and 12 particulars (basically check) preparing offices, make the operational locales out of the Federal Reserve. They give an assortment of installments and different administrations to store-taking establishments. Central bank installment administrations incorporate the circulation of money and currency; the assortment and return of checks; the electronic exchange of assets and protections, including the handling of ACH installments; and the arrangement of a public repayment administration. People and foundations don’t take stores do not for the most part allowed direct admittance to Federal Reserve installment administrations, albeit these substances may utilize these administrations by implication as clients of the store taking foundations.


[1] https://www.dol.gov/general/aboutdol/majorlaws

[2] https://www.whatishumanresource.com/the-payment-of-wages-act-1936

[3] https://www.wolterskluwer.com/en/expert-insights/making-deductions-from-employees-pay

Tags: employee lawsemploymentlabor lawswage effectwages
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