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Deduction from her paycheck for broken materials? California

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  • Deduction from her paycheck for broken materials? California

    My girlfriend works at a pretzel making store at the local mall. During the course of work, she broke one of the spatulas while making pretzels.

    She wasn't using it out of the ordinary, it just happened to break on her during normal wear and tear use.

    My girlfriend was told that she had to buy the company a new one. She was mad and didnt think it was right, but asked if it would be ok to go buy one at the wal-mart next door. They said ok, and so she did. Still mad, but whatever it was taken care of.

    Now her same manager is telling her that it isn't the right spatula, that they are only allowed to order their spatulas out of a special catalog that they have, and that they are going to deduct the cost of whatever spatula they buy (between 5 to 9 dollars) from her next paycheck.

    Is this allowable? The company property broke during normal use, and I've never heard of anyone forcing their employees to pay for something like this.

    If its not legal, is there some reference we can print out to show her boss of this?

    Also, another spatula was damaged by a different employee a month before, again on accident during normal use (cheap spatulas I guess), but the manager did not make them pay for it.

    In summary, is this legal, and if it isn't where can I find the reference so we can print it out and show it to her boss.

    Other details in case needed: she's part-time, 8.00/hr, profession is basically a casheir/product maker.

  • #2
    Absolutely, postively illegal under CA Labor Code ยง2802

    However that doesn't stop the employer from disciplining, up to termination, for breaking a spatula. It's a common practice in food service. Say the cash drawer comes up short or a table dines-n-dashes, manager gets ready to term someone unless *winkwink* *nudgenudge* the cash shows up somehow.

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