I'm not sure that these deductions for cash overages/losses among cashiers are legal.
State by state may vary, but these googled sites would indicate that your remedies are criminal actions or firing for gross negligence or civil suits for the losses, not charging for the shortages. I cant find one state that allows it, so far.
The law seems to agree that shortages are a cost of doing business, unless a product of willful malice or neglect worthy of firing or suing or arresting.
So yes, Green Maned Lion, you may have been breaking the law (I'm not sure what state you are in, so I can't be sure) by deducting shortages from wages.
...
See:
http://en.allexperts.com/q/Employment-Law-...r-Shortages.htm
Public Act 390 of 1978, in section 7(1) states; ". . . an employer shall not deduct from the wages of an employee, directly or indirectly, any amount . . . without the full, free, and written consent of the employee, obtained without intimidation or fear of discharge for refusal to permit the deduction."
and section 7(2) states; ". . . a deduction for the benefit of the employer requires written consent from the employee for each wage payment subject to the deduction, and the cumulative amount of the deductions shall not reduce the gross wages paid to a rate less than minimum rate as defined in the minimum wage law of 1964, Act No. 154 of the Public Acts of 1964, being sections 408.381 to 408.398 of the Michigan Compiled Laws. . ."
and See:
http://en.allexperts.com/q/Employment-Law-...er-shortage.htm
The 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.
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.
and See:
http://parkingtoday.typepad.com/parking_bl...d_a_cashie.html
Parking cashiers like Tina Jordan at Denver's International Airport literally have to pay for their mistakes. The company, Ampco System Parking, makes its employees reimburse the company if their drawers are short on cash.
Jordan had to pay back Ampco $11 after she accidentally undercharged drivers who were leaving the parking lot at DIA. Jordan showed Denver's 9 Wants to Know Investigative Reporter Deborah Sherman paper receipts of her payments to Ampco that said "shortage payment" written in the memo line. Jordan said Ampco managers wouldn't pay her until she reimbursed them the $11.
The practice violates state and federal law, according to Mike McArdle, the Director of Colorado's Division of Labor. "They shouldn't be doing this," McArdle said. "This is just a normal cost of doing business when you're in the parking lot industry and you can't deduct for it." McArdle said that's tantamount to making a waiter pay for a meal after a diner leaves without paying or making a waiter pay for broken dishes.
See also: Maryland
ork, whether satisfactory or not, must be awarded compensation. Wage deductions are extraordinary, and are prohibited unless:
1. A court has ordered or allowed the employer to make the deduction. Examples include court ordered wage garnishments and orders to pay child support.
2. The Commissioner of the Maryland Division of Labor and Industry has allowed the deduction to offset or "pay for" something of value the employee has received. Examples include long distance telephone calls on the employer's business phone, personal loans, wage advances, etc.
3. Allowed by some law or regulation of the government. Examples include state and federal taxes.
4. The employee has given express written authorization to the employer to make the deduction. This should take the form of a separate and distinct statement, signed by the employee, concerning only the deduction and nothing more. Even with a proper authorization, however, employers must still pay at least the federal minimum wage in the case of a deduction made to offset a loss to the employer due to the admitted or court determined fault or negligence of an employee (for example, careless damage to the employer's truck). If the deduction is made to offset something the employee received or retained from the employer which had monetary value (for example, personal loan, use of long-distance telephone line, materials, etc.), the deduction may, in that case, reduce the employee's wages below the minimum wage. Finally, an authorized deduction may be invalid if it violates or is inconsistent with other federal or state laws or regulations.
See also: California
The California Labor Code Section 2802 states that employers must reimburse employees for all necessary, job-related expenses or losses the employee incurs, such as tools, supplies, travel expenses, mileage, food, lodging, and other business expenses. If the employee incurred expenses and the expenses incurred are necessary to do the job, the employer must reimburse the employees for those expenses.
Under state law, the employer must reimburse the employee for the total expenditures incurred. For example, an employer cannot place an arbitrary cap or limit on expenses. Also, expense reimbursement does not depend on the employees' position or salary.
Examples of employee reimbursement violations
* An employee charged to replace lost keys, tools, supplies or other company materials but not reimbursed.
* An employee asked to purchase computer equipment, software, or other required tools but not reimbursed.
* A cashier forced to pay differences of cash register shortages.
