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Is it legal to dock a non-exempt part time employee's pay for mistakes they make?

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laguy

Junior Member
What is the name of your state (only U.S. law)? California

I work in the delivery business and on occassion, my part-time non-exempt employees will make mistakes that require me to issue credit to customers or require me to pay money to correct the mistake.

Is it legal for me to dock the employees' pay for the cost to correct the mistake?What is the name of your state (only U.S. law)?
 


mlane58

Senior Member
No, you as the employer cannot legally make such a deduction from your employees' 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.


You can however, use corrective action.
 

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