Absolutely not. My fiance is going through a similar situation. He works for a federal contractor who has bounced his last 2 pay checks. He has not been paid before today for one month and just found out that the employer took away his health and welfare pay and claimed he is putting it into a 401k. First off, a 401k can not be started for you unless you are given the option to opt out, which he was not given. Secondly, those wages can not just be taken away regardless of where they are going. Basically, this idiot employer took my fiances own money without his permission to start him a 401k which he did not have the option to not have. All of these things are illegal. The employer does not have the money to pay his employees and is trying everything possible to pay them the least amount but he is too dumb to even know the laws or he is too ignorant to think other people actually know their rights as employees. the answer to your question is NO. Call the labor board right away, they will be happy to help. They responded to us in less than 15 minutes.

Also, I am very curious to know who your employer is and if the situation was resolved, what happened? Any information you might have could help us! Thanks