Legal Question in Employment Law in Louisiana

Re: Register Shortages

Dear Law Guru Friend,

You ask if it is legal. I take the position that it is not, that it violates the wage and hour laws for the employer to take from you in such a situation. So long as you do not come out with sufficient wages to take home so that the wage and hour laws are complied with, then it is illegal for the employer to take money from you to cover "his/its" shortages. Now, if you get tips and other income that cause you to receive the minimum wage, then that is something else to be considered. I also think that a case could be made against the employer for this "taking" of your money. It is an "unjust enrichment" in my opinion. Also,in my opinion, it is a "payment of a thing not due." Either way, there is a quasi-contractual basis for you as an employee to recover what you have been unjustly deprived of, and that is what you have had to pay to the employer to cover the "employer's shortages." Different attorneys see things in different ways, but this is the way I see it. That is why they have courts, judges and juries, to chose between what opposing attorneys advocate. Best of luck!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA