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Paying back short till out of pocket Idaho

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  • Paying back short till out of pocket Idaho

    I just started working at a drive-in fast food restaurant, working as a carhop. My first day exchanging money, I was short on my till, and the manager made me pay back the amount out of my tip money. It was not much, but it seems like an unethical behavior activity for an employer to do. My father believes that it is illegal.

    I did have to sign a contract allowing my employer to do this, and under Idaho state law it says that an employer may withhold wages if the employee has agreed to it in writing (which I did) and it is for a legal reason. My question is: is a short till a legal reason to do this?

    And, what can I do if it is illegal?

  • #2
    This is a call the state DOL will have to weigh in on. However, if the payback resulted in your making less than minimum wage for the workweek, that, to my understanding, would not be a "legal" reason under federal law.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Paying it out of tip money is never a legal reason under federal law, even if it is over min wage.

      Tip money is untouchable for deductions for the benefit of the employer.

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      • #4
        Tipped employees:
        Employee does not qualify as a "tipped employee", tips are not sufficient to make up difference between employer's direct wage obligation and the minimum wage; employee receives tips only -- so the full minimum wage is owed; illegal deductions for walk-outs, breakages and cash register shortages; and invalid tip pools.

        http://www.dol.gov/esa/whd/regs/compliance/whdfs15.pdf


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