Can an Employer Require New Hires to Put Down a Security Deposit for Equipment

[research]

My question involves labor and employment law for the state of: Georgia

I am trying to find information on what kinds of demands/restrictions an employer can place on new hires in an at will situation. Can an employer ask for a security deposit to encourage employees to return work-issued equipment after ending their employment?

The business is having issues with employees who are issued laptops, cell phones, electronic key cards failing to return the items when they quit or are fired. Withholding monies from final checks is an issue because of the FLSA and the fact that many quit with no wages owed.

Does anyone know where I might be able to find this information? I have called the US DoL, but all they can tell me is that employers can place demands or restrictions on employees in at will arrangements, but they cannot tell me where to find the information, or anything else. the Georgia DoL was no help at all.

Thanks for your time.

[ealexdixon]

Typically, yes.

Your employer may require a reasonable security deposit, up to the replacement cost of the item. But in return, employees must be supplied a receipt for the deposit and must agree, in writing, to any conditions under which the employer may withhold the deposit. Your employer must return the deposit, upon return of the items. No deductions may be withheld for normal wear and tear.

[research]

Thanks for the reply. I know that California has a similar statute on its books, but I have been unable to find anything for Georgia. Do you know where I could find this information?

[PattyPA]

Georgia has basically NO wage and hour laws; as such if there is no law prohibiting it, it's legal.

[research]

Georgia has basically NO wage and hour laws; as such if there is no law prohibiting it, it's legal.

Much thanks, Patty. Do you know whether/where I could find something saying that this arrangement would not violate the FLSA?

[PattyPA]

No, I don't, and I'm not convinced it even would, unless such out-of-pocket costs would cut into minimum wage for nonexempt employees.
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

Requiring a deposit in order to get the equipment would probably be legal in every state except probably California.

[cbg]

It's rare that you can find a law giving an employer permission to do something. The law addresses what an employer MUST do, and what they MUST NOT do. It rarely if ever directly addresses what an employer MAY do.