Can my employer keep my check for a till shortage?

UPDATED: Oct 2, 2022

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Can my employer keep my check for a till shortage?

My employer is trying to tell me they are going to keep my check for my till being short.

Asked on August 16, 2019 under Employment Labor Law, Texas


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

Answered 3 years ago | Contributor

An employer may deduct the amount of cash shortages that are the result of theft or other misappropriation by an employee, even though such a deduction might take the employee below the minimum wage level. However, the employer bears the burden of proving that the employee was personally and directly responsible for the misappropriation. Ordinary cash register shortages, losses of money due to ordinary negligence, and losses due to damage, destruction, or loss of equipment may not be deducted from the wages of employees to the extent that the deductions would take employees below minimum wage. 

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 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.

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