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employer getting reimbursed for cash shortages Missouri Montana

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  • employer getting reimbursed for cash shortages Missouri Montana

    What is the law regarding an employer deducting wages for cash shortages in an employee shift drawer? Employer is in Montana, but on a Indian Reservation (fed).

  • #2
    This is an oversimplification, but the general rule is that federal law always applies to an employer based on an Indian Reservation, but state law (probably) does not. Any state law exceptions occurs because the state very specifically negotiated an exception directly with the Indian Reservation. The state has no authority to impose law on an Indian Reservation.

    The other obvious restriction is that the employees generally have to be physically working on the reservation itself. The fact the tribe owns the business does not by itself go around state law. The fact the employee is (or is not) Native American does not by itself go around state law. Functionally state law stops at the boundry of the Tribal Reservation (unless the Tribe agrees to let state law in). Federal law however goes anywhere it wants to.

    Montana is not my state, and I know less then nothing about tribal law in Montana. I can give you a pointer to the federal rules (which apply everywhere in the U.S.).

    http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm
    Last edited by DAW; 07-09-2007, 02:40 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      And when you go to that pointer you will find that NO they can not charge you back for a cash shortage. If they allege out and out right theft they can not only fire you but file criminal charges as well. If it is thought to be a mistake and you were short in the cash drawer due to an error then the answer is NO they can not charge it back to you. It does not matter if it is on the reservation or otherwise as DAW pointed out, as this is Federal and yes they go anywhere they want to. Print out a copy of the regs from the website DAW gave you and show it to whomever is saying otherwise.

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