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  1. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Force Payment for Mistakes at Restaurant (Not Docking of Pay)

    According to NC Dept. of Labor, docking for the benefit of the employer can only be done with prior written authorization from the employee and cannot reduce the pay to below minimum wage for the first 40 hours of work.

    http://www.nclabor.com/wh/fact%20she...from_wages.htm

    Making an employee check out and pay out-of-pocket reduces the wages paid for the work preformed. I found one example where paying out of pocket for uniforms that benefit the employer is covered under this rule.

    If the employer requires an employee to wear a uniform, the cost and maintenance of the uniform is considered to be for the benefit of the business. Therefore, if the employer requires the employee to pay for the uniform or cleaning of the uniform (even rental uniforms), the employer can only deduct down to the minimum wage of $7.25 per hour for the first 40 hours in a workweek for uniforms. The employer cannot by deducting such costs reduce the employee’s wage below minimum wage. This is true whether a payroll deduction is being made or the employee is paying out-of-pocket.
    http://www.ncrla.org/?page=LR_Deductions

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