Expert: Shirley McAllister, CPP, PHR - 5/9/2010

Question
I work for a small franchise in Northwest Louisiana, the owner has a payroll deduction policy (I don't recall seeing it in writing) that states we will be deducted for:
1. Customer's hot checks that we did not obtain an approval code for; approval codes are not an indication of sufficient funds in the bank.
2. If any supplies or equipment come up missing on a van.

I have tried doing my own research on this but have been having a difficult time finding information.  The only thing I have find relevant on the books here in Louisiana is RS 23:635. I want to be sure that there isn't anything that I may be overlooking.

Answer
He cannot deduct for these items as it is not a permissible deduction.

635.  Assessment of fines against employees unlawful; exceptions

No person, acting either for himself or as agent or otherwise, shall assess any fines against his employees or deduct any sum as fines from their wages.  This Section shall not apply in cases where the employees wilfully or negligently damage goods or works, or in cases where the employees wilfully or negligently damage or break the property of the employer, or in cases where the employee is convicted or has pled guilty to the crime of theft of employer funds, but in such cases the fines shall not exceed the actual damage done.

Acts 2001, No. 768, §1.

The Fair Labor Standards Act says that no amounts may be deducted from an employees check that will bring the employee's pay below minimum wage.

Shirley