Is it legal to have an 18 year old (shift leader) pay for the shortage in fast food store draw?

UPDATED: Sep 30, 2022

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Is it legal to have an 18 year old (shift leader) pay for the shortage in fast food store draw?

The draw is accessible by any employee. There is no way for me to watch the draw and the blame is put on me and the “main” cashier to pay around $50.

Asked on January 30, 2016 under Employment Labor Law, New York


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

Answered 6 years ago | Contributor

If it was an agreed term of your employment that you would have to make up shortages, then the employer may make an employe pay this amount. However, most states put strict limits on whether and how an employer can do this.
However, even if you can be held responsible, your employer can't just make a deduction from you paychck ithout your expess consent. Without it, the only legal way to ge thwat it is owed, is to either make repayment arrangements with or or sue you in court.
To be certain of your rights you can consult directly with a local employment attorney or contact your state's department of labor.

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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