Not Paid

[saleswrkr]

I am a salaried worker at a flooring store. I am on strict salary. I work 5 days a week without a designated lunch break from 8am to 6pm. A lot of times I stay past 6pm by over 30 minutes or I go the extra mile for clients outside of work and on my days off. I was late for work 25 minutes one day due to traffic and by 5 minutes a couple of days. My boss without saying any thing has taken almost 200 dollars out of my pay check. but I do not get compensated for the days that we have late clients in the store and we stay the extra hour or two. is this legal? I am afraid if I say something about it to my boss I will probably lose my job. What should I do?

[msg]

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.

The ability of an employer to deduct amounts from an employee’s wages due to a cash shortage, breakage, or loss of equipment is specifically regulated by the Industrial Welfare Commission Orders and limited by court decisions. (Kerr’s Catering v. Department of Industrial Relations (1962) 56 Cal.2d 319). In addition, there have been several court decisions that significantly restrict an employer’s ability to take an offset against an employee’s wages. Barnhill v. Sanders (1981) 125 Cal.App.3d 1, (Balloon payment on separation of employment to repay employee’s debt to employer is an unlawful deduction even where the employee authorized such payment in writing); CSEA v. State of California (1988) 198 Cal.App.3d 374 (Unlawful to deduct from current payroll for past salary advances that were in error); Hudgins v. Nieman Marcus (1995) 34 Cal.App.4th 1109 (Deductions for unidentified returns from commission sales unlawful.)

helpful info, thanks