I was wondering if an employer has the right to keep my last paycheck, I have returned all property to the company, my boss is telling me my drawer came up short and also told me I signed a paper before I started work that anything over $10 that was short out of my drawer will come out of my paycheck, I was just wondering if it was legal for them to keep my paycheck or if they had the right to take money out of employees paychecks?
Employer keeping my paycheck
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Betty3
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South Dakota: Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employer terminates an employee from the payroll, no matter the reason, the employer must pay the employee all wages due by the next regular pay day for which the wages would have been paid or as soon thereafter as the employee returns all property of the employer in the employee's possession. South Dakota Stat. 60-11-10
Employees who quit or resign
When an employee voluntarily leave employment with the employer, the employer must pay the employee all wages due by the next regular pay day for which the wages would have been paid or as soon thereafter as the employee returns all property of the employer in the employee's possession. South Dakota Stat. 60-11-11
Deductions from Wages
South Dakota does not have any laws regarding what deductions may or may not be taken from an employee's paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees pay check for:
cash shortages
breakage, damage, or loss of the employer's property
required uniforms
required tools
other items necessary for employment
In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage. DOL Fact Sheet #16.
Deductions to pay for an employee's portion of any fringe benefit would also be permissible.
Any claim for wages not paid should be submitted to the So. Dakota Division of Labor & Management.
Employees who are fired, discharged, terminated, or laid off
When an employer terminates an employee from the payroll, no matter the reason, the employer must pay the employee all wages due by the next regular pay day for which the wages would have been paid or as soon thereafter as the employee returns all property of the employer in the employee's possession. South Dakota Stat. 60-11-10
Employees who quit or resign
When an employee voluntarily leave employment with the employer, the employer must pay the employee all wages due by the next regular pay day for which the wages would have been paid or as soon thereafter as the employee returns all property of the employer in the employee's possession. South Dakota Stat. 60-11-11
Deductions from Wages
South Dakota does not have any laws regarding what deductions may or may not be taken from an employee's paycheck or whether an employee must provide written consent prior to any deduction. The lack of a law prohibiting deductions likely means an employer can withhold or deduct wages from an employees pay check for:
cash shortages
breakage, damage, or loss of the employer's property
required uniforms
required tools
other items necessary for employment
In accordance with federal law, an employer may not make deductions for any of the above-listed items if it would cause the employee to earn less than federal minimum wage. DOL Fact Sheet #16.
Deductions to pay for an employee's portion of any fringe benefit would also be permissible.
Any claim for wages not paid should be submitted to the So. Dakota Division of Labor & Management.
Betty3
Well-Known Member
Here is the link to fact sheet #16 re federal wage deduction law that I mentioned in post above:
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf
However, the federal DOL will only accept wage claims to enforce federal minimum wage & OT.
Another option to claim wages due is to sue in small claims court.
http://www.dol.gov/whd/regs/compliance/whdfs16.pdf
However, the federal DOL will only accept wage claims to enforce federal minimum wage & OT.
Another option to claim wages due is to sue in small claims court.
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