What are the rules and laws for counting down draw at work especially if draw is short?
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So me and my sister work as cashiers at a restuarant and one day we were left from 4 cashiers down to just 2 and the work never called in other ppl to work. Im still a trainee and my sister is a cashier, it got really busy and our manager was helping working on cashier most of the night with my sister, while i ran food. The waitress are suppose to have cashier get them money but since it was busy i saw them do it themselves sometimes, the manager saw it too so i didn't think of it as a big deal. It was so hectic it sucked just having the two of us, including when we took orders for the patio that dined in (doing the waiters job) and didn't get any tips. They never counted down the draw before we left and the next day they said our draw was $50 short and me and my sister had to pay it. Usually its split between all cashiers and we got shorthanded w/ 2 people, busy, screwed over and the manager, waiters, none of them have to pay and I feel that to be unfair. is that even legal?
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Answer:
You don't state what country and state you are in so it's a little difficult to answer. Most states actually do not allow an employer to make deductions from your wages for shortages, damage, or equipment that is for the sole benefit of the employer unless there was gross misconduct or willful acts. Even states that do allow such deductions limit how much an employer can deduct at any one time. The Fair Wage Act states that your employer can not make such deductions from your wages if doing so results in being paid less than minimum wage for the pay period. For example, suppose minimum wage in your state is $6 per hour, you earn $7.00 per hour, and you work 10 hours per week. This means that your employer can't deduct more than $10 per week from your paycheck because deducting more than that at one time would result in dropping below minimum wage. Of course, you are a food server so this complicates things further. Your state may allow your employer to pay you less than minimum wage because you receive tips. Even in cases such as this, your average tips coupled with your wages must be equal or greater than minimum wage. Your employer still could not deduct an amount that would result in being paid less than minimum wage for the period, but calculating this amount would be more complex. Visit the Department of Labor website to review federal labor laws, and find a link on their website to your state department of labor to review local labor laws at http://www.dol.gov
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