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UtopianRanger -> RE: Employment Question: Server Pays Percentage of Bill? (6/11/2007 3:54:53 AM)
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quote:
As for cash drawers....if the cash drawer is short, they usually can make the employee pay that back since that is within the employee's control and responsibility.
How can you get something this simple so-ass wrong? You can't deduct any perceived monetary losses from an employee's earnings or force them to pay cash shortages back, legally.
You can terminate the employee and even file a criminal complaint if you think the employee pilfered funds, but there's no way in hell you can arbitrarily deduct any operational costs or said losses from that employee’s earnings.
Here are excerpts from a Q&A - California labor code sections 221 and 224
Q.If I break or damage company property or lose company money while performing my job, can my employer deduct the cost/loss from my wages?
A.No, your employer cannot legally make such a deduction from your wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence are inevitable in almost any business operation and thus, the employer must bear such losses as a cost of doing business. For example, if you accidentally drop a tray of dishes, take a bad check, or have a customer walkout without paying a check, your employer cannot deduct the loss from your paycheck. There is an exception to the foregoing contained in the Industrial Welfare Commission Wage Orders that purports to provide the employer the right to deduct from an employee’s wages for any cash shortage, breakage or loss of equipment if the employer can show that the shortage, breakage or loss is caused by a dishonest or willful act, or by the employee’s gross negligence. What this means is that a deduction may be legal if the employer proves that the loss resulted from the employee’s dishonesty, willfulness, or grossly negligent act. Under this regulation, a simple accusation does not give the employer the right to make the deduction. The DLSE has cautioned that use of this deduction contained in the IWC regulations may, in fact, not comply with the provisions of the California Labor Code and various California Court decisions. Furthermore, DLSE does not automatically assume that an employee was dishonest, acted willfully or was grossly negligent when an employer asserts such as a justification for making a deduction from an employee’s wages to cover a shortage, breakage, or loss to property or equipment. Labor Code Section 224 clearly prohibits any deduction from an employee’s wages which is not either authorized by the employee in writing or permitted by law, and any employer who resorts to self-help does so at its own risk as an objective test is applied to determine whether the loss was due to dishonesty, willfulness, or a grossly negligent act. If your employer makes such a deduction and it is later determined that you were not guilty of a dishonest or willful act, or grossly negligent, you would be entitled to recover the amount of the wages withheld. Additionally, if you no longer work for the employer who made the deduction and it’s decided that the deduction was wrongful, you may also be able to recover the waiting time penalty pursuant to Labor Code Section 203.
3.Q.What, if anything, can my employer do if I experience shortages in my cash drawer?
A.Your employer may subject you to disciplinary action, up to and including termination of employment. Additionally, your employer can bring an action in court to try to recover any damages and/or losses it has suffered.
http://www.dir.ca.gov/dlse/FAQ_Deductions.htm
- R
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