Gas Thieves
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There was an article in our local newspaper about the increase of gas thieves at the pumps, especially since the price of gas is so high. In the article, the various gas station owners indicated that a common practice was whenever they had a "drive off" w/out paying, the owners deducted the cost of the purchases from the cashiers paycheck. It made me wonder how prevalent that practice is in other businesses as well. I have always been advised by legal counsel that paycheck deduction for shortages, property damage, etc. was almost always problematic from a legal standpoint (wage/hour laws), and that if they do occur, you can never drop someone below minimum wage. I'm sure a $60-$70 tank of gas would surely cut a cashiers pay below min. wage. How do they get away with it? Do any of you have practices that deduct shortages from paychecks, and what measures do you implement to protect yourselves (i.e written policy, employee signed acknowledgement agreeing to the decustion, etc.)?
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All of the gas stations around here have pumps that require payment before the gas can be pumped.
In orientation, I explain it and encourage them to ask questions. They're usually reassured that we aren't going to ding everybody $20 and throw a party with the funds or that they aren't going to have to pay for a several thousand dollar part they scrap out. We've never used it; my payroll person questions its legality but I can't get her to take labor law training, so what can I do.
I agree wholeheartedly that the practice smacks of undue (and possibley illegal) punishment for things that are not in the direct control of the employee. It would be different in instances where, for example, an employee is assigned a cash register that only he/she can operate and the money comes up short - but for gas drive-offs, how can the employee service the walk-in clients, keep an eye on the store, and watch for potential gas thieves. It seems entirely unfair and draconian to lay this at the employees feet. Why not install cameras to capture license plate numbers and go after the offenders through those means? Plus, the issue about deducting pay, even when you have put the employee on notice of your policy, if it takes them below minimum wage, I can't see how this is ever going to be viewed as legal in any state.
Here in Oregon, employers are constrained from these kinds of deductions except in a few specific cases which are generally for the employee's benefit.
Even if it was legal, its wrong. The owner of the gas station reaps the profit from his business and should assume the risk as well.
Bring on hydrogen cars! You cant charge for rain...
Why would a store not then penalize a salesperson for anything that is shoplifted during their watch?