What is the law regarding having an employee make-up cash register shortages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is the law regarding having an employee make-up cash register shortages?
My girlfriend works as a barista at a café inside a large chain furniture store. The café is independently owned. Yesterday when she added up her drawer she said she was $1 short so she put it in and her boss calls her today and told her she needs to put $6 back in the drawer because she was $6 short. Also, she gets $9.00 an hour part-time; she works for 3-6 hours a day. However, she is required to open, close, do the register, make drinks, clean and basically run the entire store. She gets no breaks and cannot even use the bathroom because there is no one watch or take orders from customers. It doesn’t not seem like fair workplace to me. Is there anything she can do besides quit?
Asked on July 7, 2015 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
The general rule is that as long as an employee earns at least the minimum wage after such a deduction, there's no rule against charging an employee for a shortage. However, if it is a new company policy, the employee can only be charged for shortages after it went into effect. That having been said, if an employer tries to deduct the amount of any shortages from an employee's paycheck, it should be noted that some states require employers to get the employee's written consent before they can make a deduction from the employee's paycheck. And a few states only allow these kind of deductions if the employee who assumes responsibility for the loss, or unless the employer can show that the employee acted negligently or dishonestly. In CA, unless an employee agrees to such a deduction it can't be taken from their payceck, their employer would have to sue them to recoup any monies owed.
As for for her hourly rate, it's legal as long as the minmum wage is met which in CA is $9.00 (some areas of CA are higher). And as far a breaks are concerned, some states don't even require them and those that do typically don't require them until after an employee has worked more than 6 hours. However, in CA, employers must allow employees to take a paid 10 minute rest break for every 4 hours (or major fraction) worked. And employers must provide a 30-minute meal break once an employee has worked 5 hours, however an employer does not have to pay for this time (if the employee’s workday will be completed in 6 or less hours, the employee may consent to give up the right to a meal break).
For any violations of state employment law, a compliant can be filed with the California Industry Commission.
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.