Can my employer deduct from my paycheck the voids that I have on my register without my knowledge or consent?

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Can my employer deduct from my paycheck the voids that I have on my register without my knowledge or consent?

I recently learned from a manager, that is also a friend of mine, that my employer is taking any voids that I have on my register out of my paycheck. I had questioned a $31.25 deduction from my paycheck and was told that it was for food charges, which we are allowed to charge and have deducted. This was not a food charge as it was written as a total beside a charge of mine. When I asked my employer for copies of my receipts she said she would get them for me but never did. The system that is in place on the register is that if I have a void that I am to write “void” on the ticket. I was never told that I would be charged nor did I sign anything agreeing to have that deducted. One of the voids that I had and was charged for was a declined credit card charge for a customer. I had no option other than to void the sale.

Asked on June 3, 2012 under Employment Labor Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A good many states hold that that an employer may not deduct from an employee's paycheck without prior consent by the employee. However some states allow such deductions out right and still others allow these deductions under certain limited circumstances (dishonesty, gross negligence, etc). Federal law holds that so long as the employee still earns at least the minimum wage after deductions, there's no rule against charging losses and damage to the employee.

What you need to do now is to contact eiphter an emloyment law attorney or your state's department of labor to find out the specific law in your state. Once you determine whether or not your employer's action was legal, you'll know how to proceed.


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