QUESTION

i work at sub way and 2 people came in and stole money and subway is making me pay out of my pocket what should i do

Asked on Jan 21st, 2013 on Labor and Employment - Texas
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Two potential problems are raised by this question. Under the Texas PayDay Act, Employers can only deduct taxes and court ordered child support from an employee's paycheck unless the employer has the employee's written specific authorization to do do.  The Texas Workforce Commission - Labor Law Department (different than the unemployment benefits folks) will provide employees with a form complaint (800-832-9243) and will process that complaint and collect the wages without charge. Under federal minimum wage law (most but not all employers are subject to this law), an employer cannot make deductions from a paycheck which will cause the employee's overall wage rate for the work week  to fall below federal minimum wage rate which is 7.25 per hour (this rate can be lower for tipped employees or for student workers).  Example: Employee earns $8.25 per hour and works 40 hours in a week - Employee's gross pay (before taxes) is $330.00.  Employer deducts $25.00 from the check for a lost tool or missing money.  The employee's gross pay drops to $305.00, which, divided by 40 hours, is $7.63 per hour.  In this example the deduction did not cause the wage rate to fall below $7.25 per hour, so there is no violation of federal minimum wage law caused by the deduction.  But if the employee was only making minimum wage,  the same deduction would cause the wage rate for that week to drop to $6.62, which is below the minimum wage rate required of most employers by law. Federal wage laws (minimum wage and overtime pay) are enforced (without charge) by the U.S. Department of Labor, Wage & Hour Division.  A list of their Texas field offices can be found at www.dol.gov/whd/america2.htm#texas. Private attorneys can also assist you with both of these issues, however, the amount deducted, either from your own check or combined with your co-workers, would probably need to be significant to justify the attorney's fees or to justify an attorney taking your case on a contingent fee basis.  If you decide to go that route, look in your yellow pages for an attorney who is Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization. Best of luck.  
Answered on Jan 22nd, 2013 at 10:39 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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