What to do if an employer deducts for shortages but this means that an employee can make less than minimum wage?

My husband works at a sandwhich shop chain and they’ll make their employees pay them if they end up short on money for the day. For example, if they were supposed to make $100 that day, and for some reason they only made $90, then the employees would have to pay for the difference. This means that sometimes they actually make less than minimum wage for the day. Is this legal?

Asked on November 12, 2012 under Employment Labor Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country one's employer cannot legally debit from an employee's pay check monies due the employee under the facts of the matter that you have written about. What you have written about is not legally permissible.

I suggest that you consult further with a representative with your local department of labor and/or a labor law attorney as to what your legal recourse is.


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