Is it legal to make employees pay shortages from their drawer?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to make employees pay shortages from their drawer?
All the employees in my establishment are being forced to pay a total of $18 split between us to cover the
shortages in the drawer. I myself have had to pay $20 by myself to cover a shortage because of my being in
Asked on June 10, 2017 under Employment Labor Law, Kansas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The general rule is that as long as an employee still earns at least the minimum wage, there's no rule against charging an employee for a shortage. This is true so long as this has been existing company policy. If it is a new policy, the employee can only be charged for shortages after the new policy went into effect (i.e. not retroactively). So unless you have an employment contract or union agreement that prohibits this action, it is legal. Also, your tereatment must no contitute any form of legally actionable discrimination (which it does not appear to). That having been said, the general rule is that no deductions can be made from an employee's paycheck without at least their written consent (some states additionally mandate that this can only be done if the employee was negligent or intentionally caused the shortage). Accordingly, if your employer wants payment you must voluntarily give it (or face termination). Also, your employer could sue you in small claims court for any amounts it claims that you owe.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.