Business & Work

The following question was originally submitted to John Roska, a lawyer Someone who represents clients in courts or who gives legal advice and writer for the weekly column "The Law Q&A" in the Champaign News Gazette. The article has been updated to include changes in the law and additional information.

Question

I operate a cash register at work. It’s not unusual for a cash register to be short at the end of a shift. My employer says that if a register is short more than a certain amount, they can deduct from our paycheck. Can they do that?

Answer

Not without your permission at the time of the deduction. They could discipline you or even fire you. They can’t take any money unless you agree in writing. Any deduction from your wages that’s kept by your employer has to be completely voluntary.

Some deductions can be made without your permission. These include:

• Taxes and Social Security,
• Wage assignments you agreed to, and
• Child support Money paid by a parent to help another parent support a minor child or an adult child with a disability payments ordered by a judge or an administrative agency.

The Illinois Wage Payment and Collection Act is the law that applies. It governs how employers must pay their employees.

It says an employer can’t make deductions unless they are specifically allowed. Some specifically allowed deductions are taxes, health insurance, union dues, and court-ordered wage garnishments.  If an employer wants to make other deductions, it must get your written consent When someone gives permission for someone else to do something .

Without your consent, an employer cannot deduct pay or demand reimbursement for shortages. The same is true for a “failure to follow proper credit card, check cashing or accounts receivable procedures.”

All extra deductions that are not specifically allowed require your written permission. This includes deductions for property damage, required uniforms, and cash advances. If the employer wants you to pay for anything out of your paycheck, you have to agree in writing. It cannot be taken out of your bank account.

However, an employer can discipline or fire you for cash register shortages.

If you do consent to wage deductions, the only limit on the amount is if it’s to repay a cash advance. Then, the deduction can’t be more than 15% of your gross pay.

If your employer deducts pay without your consent, you can make a wage claim. Complaints must be filed within one year after the wages were due with the Illinois Department of Labor (IDOL). They investigate and resolve wage complaints, and they can sue your boss on your behalf. You can also sue your boss yourself.

If you signed a deduction agreement under pressure from your boss, you can still file a wage claim with the IDOL. The law provides for resolving disputes over deductions. It’s illegal for an employer to fire you for filing a wage claim. If you file a wage claim and are fired after you file, contact the IDOL.

Cashing a paycheck when there’s a dispute over wages does not waive To give up a legal right or pardon a fee your right to pursue a wage claim. This is true even if the employer’s check says it’s a final settlement of all claims. So, you can’t lose any rights to file a claim or sue for lost wages by cashing a paycheck.

Employers must post a notice of your legal rights “in a position readily accessible to all employees.” A common notice says, “unauthorized deductions from paychecks are not allowed except as authorized by law.”

The Wage Payment Collection Act says your employer must pay you the wages they promise to pay you. If your employer has not paid you the amount they promised, it is wage theft The unlawful taking of property, money, or services from another person, business, or organization . Learn more about starting a case to get back unpaid wages.