Birmingham, AL asked in Employment Law, Tax Law and Business Law for Alabama

Q: Is double dipping into my gross wages after statutory deductions legal ,the jail justifies14-8-37

I was on work release in limestone co.,after my statutory deductions have been made the jail took 25percent against my original gross wages that do not exist and they didn't receive a check for from my net pay that they did,here's the discrepancy if I get paid by w2 & another individual has a 1099, his gross is his netpay because he makes cash ,my gross is separate,therefore when he makes a 1000.00$ on a 25percent deduction his remainder is 750.00, my deduction of a 1000.00$ is around 700.00$ or lower; the jail received a check from us both for the same amount yet i received less financially because the jail attacked my gross which is not the same as my net ,they didnt receive a check for my grosspay either,and the original gross amount doesn't exist due to statutory drductions,if treated without discrepancy they can only deduct from gross wages received and therefore they have embezzled millions or. Stolen by this contradiction:review 74 so.3d 8,11,21(conclusion)

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Tax Law Lawyer
  • Sacramento, CA

A: The situation you've described raises important questions about how deductions from wages are handled for individuals on work release, especially in the context of how gross and net pay are treated. If deductions are made from your gross wages after statutory deductions (like taxes) have already been applied, and then an additional 25% is taken, it can indeed feel unfair, especially when compared to someone whose gross and net pay are essentially the same due to different tax treatment, like a 1099 contractor.

The legal basis for deductions from wages of individuals on work release programs can vary by jurisdiction and specific program rules. However, the fairness and legality of applying a uniform percentage deduction to gross wages, without consideration for statutory deductions already taken, can be contentious. The distinction you've made between how deductions impact an employee versus an independent contractor highlights a potential inequality in how take-home pay is calculated.

Given the complexity of wage deductions and the potential for significant financial impact, it might be beneficial to seek legal advice to clarify your rights and the legality of the deductions in your specific case. A legal professional can review the applicable laws, including any cited statutes like 14-8-37 and case law, to determine if the practice you've described violates wage and labor laws or the specific terms of the work release program. Addressing this discrepancy could involve legal action or negotiation to ensure fair treatment and compliance with the law.

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