Legal Question in Employment Law in Virginia
i work in the food servus, and there are always more than one person one the register... normally 2 to 3 in one shift, if our draw comes up short out mangment takes out out of out paycheck as an "advance". ive never had an advance takin outta my paycheck at any job, but they have taking it out at this job because of shortages, cna they really do that?
1 Answer from Attorneys
Sure, they can (do it) and apparently you're a witness to it. However, this practice could well be a violation of federal as well as state wage and hour laws/regulations if employee paychecks are regularly being "shorted" due to these alleged shortages in the cash drawer and without any credible proof as to who (or what) may actually be responsible for the problem. And, if such is the case, someone should file a complaint with the Virginia Department of Labor & Industry (VDLI), Labor and Employment Division, Wage & Hour Branch and request that an investigation be initiated into this practice by the employer.