Can out employer garnish our wages for customer credit card use?

The owner of our company is charging the wait staff a fee for swiping customer credit cards through the company machines. This cannot be legal.

Asked on April 21, 2017 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal so long as 1) you have notice of, or are made aware of, the policy before being charged according to it, since if you choose to continue working there with notice of the policy, you can be considered to have agreed to it;  and 2) even with any charges, you are still earning at least minimum wage. Employment in this country is "employment at will"; that means that an employer can put onerous terms on employment, like charging employees for certain things, and if they do not want to pay those amounts, their recourse is to find other employment.


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