Thank you Larry. I work at a trucking company. All drivers are allowed to advance at fuel stops all over the country via their fuel card. They are then uploaded daily into our payroll driver settlements to be deducted. They are not earnings therefore not subject to taxes. Each driver is allowed two draws weekly of 75.00 each for a total of 150.00 weekly. Lets say a new hire comes to work, draws both advances so he owes 150.00 of his first paycheck. Lets say that he elected 50.00 weekly (as most truck drivers choose to defer a flat dollar amount vs a percentage of their earnings) But, his revenue is only 200.00 for that week. He will not have the revenue to pay the advances back in full unless I take some of his deferral to "cover" them. This is an issue I deal with weekly as not only can the driver automatically draw 150.00 but they also tend to call their driver manager and get even more money. So you can imagine the frustration at hand in dealing with this through payroll. I was wanting to make sure that I can legally take from their deferral to cover the outstanding money owed the company.
I appreciate any information offered on this topic.