Questionable practices...

[kpepperz]

What is the name of your state? IL

My sister was hired for an hourly part-time job at a franchised convience store. She was told several things, by the owner, that raised some red-flags with her, and she needs to know if these practices are legal.

1) If she were to work ANY time over what she was scheduled, regardless of the reason, she would not get paid for that extra time.

2) If the drawer she worked was short, she would have the amount docked from her paycheck. Same goes for the lottery drawer. Now, both drawers would have several people ringing things up on them, so there would be no way of knowing who made the error.

3) In reference to #2, my sister was told that if the owner reviewed tapes and could not determine WHO was at fault for the shortages, then ALL employees would have the amount of the shortage deducted from their paychecks.

4) The employees are paid in cash, and they get a "voucher" for the taxes that are taken out.

These things don't seem right. Are these things legal?

 

[pattytx]

1. Nope. Time worked by nonexempt (generally speaking, hourly-paid) employees must be paid for. However, if the employees are instructed to NOT work past their scheduled time and they do so on their own accord, the employer can discipline them for failure to follow company instructions, up to and including termination. They just can't discipline them by NOT paying them for the time.

2. Nope. Not without the employee's written authorization at the time the deduction is made. A blanket authorization at the beginning of employment will not suffice. http://www.state.il.us/agency/idol/faq/qawage.htm

3. See #2.

4. It is not illegal to pay in cash. However, the voucher must show itemized deductions (not just, for example, "taxes = $9.99"); legally, that's the only requirement for the voucher.

If any of #1-2 has occurred, the employee can file a claim with the state Dept. of Labor.