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Union dues are being deducted from my regular pay and overtime pay. Can my employer deduct dues from both checks/twice a month?

Fresno, CA |

As a classified employee at a school district in the state of CA we are able to work and claim overtime. I recently noticed that I had pro-rated amount of union dues deducted from all of my overtime and supplemental paychecks in addition to the full amount of union dues deducted from my regular pay. Is this allowable? Do I have a right to re-claim the multiple union dues deductions?

Attorney Answers 1


If your dues are a flat rate per month and the amount deducted does not exceed that total, this is probably just fine. If your dues are based on a percentage of earnings and the amount deducted does not exceed that percentage, again, this is probably fine. However, if the amount deducted exceeds the required dues amount, it is an overcharge. In that case, contact your payroll department and arrange for it to correct the error and refund any overpayments. Keep a record of the names of everyone you speak with and what they say, as well as the dates of each conversation. If this is not remedied in a reasonable amount of time, contact your union. *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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Marilynn Mika Spencer

Marilynn Mika Spencer


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