Sec. 31-73. Refund of wages for furnishing employment.
Sec. 31-73. Refund of wages for furnishing employment. (a) When used in this
section, "refund of wages" means: (1) The return by an employee to his employer or to
any agent of his employer of any sum of money actually paid or owed to the employee
in return for services performed or (2) payment by the employer or his agent to an
employee of wages at a rate less than that agreed to by the employee or by any authorized
person or organization legally acting on his behalf.
(b) No employer, contractor, subcontractor, foreman, superintendent or supervisor
of labor, acting by himself or by his agent, shall, directly or indirectly, demand, request,
receive or exact any refund of wages, fee, sum of money or contribution from any
person, or deduct any part of the wages agreed to be paid, upon the representation or the
understanding that such refund of wages, fee, sum of money, contribution or deduction is
necessary to secure employment or continue in employment. No such person shall require, request or demand that any person agree to make payment of any refund of wages,
fee, contribution or deduction from wages in order to obtain employment or continue
in employment. A payment to any person of a smaller amount of wages than the wage
set forth in any written wage agreement or the repayment of any part of any wages
received, if such repayment is not made in the payment of a debt evidenced by an
instrument in writing, shall be prima facie evidence of a violation of this section.
(c) The provisions of this section shall not apply to any deductions from wages
made in accordance with the provisions of any law, or of any rule or regulation made
by any governmental agency.
(d) Any person who violates any provision of this section shall be fined not more
than one hundred dollars or imprisoned not more than thirty days for the first offense,
and, for each subsequent offense, shall be fined not more than five hundred dollars or
imprisoned not more than six months or both.
(1949 Rev., S. 7363.)
Cited. 37 CA 85.
Subsec. (b):
Formula for calculating salesperson's commissions did not violate prohibition against employer deducting money from
employees' wages. 260 C. 152.