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Kansas Deductions

shandysideshandyside 12 Posts
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Can anyone that does business in Kansas please let me know whether or not their interpretation of the Kansas Wage Payment Law allows deductions from paychecks for broken pagers, phones, or damages to computers?? -- I don't think it does but need to confirm or find out I'm wrong! - Thanks
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  • NaeNae55NaeNae55 3,243 Posts
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    I haven't actually read the law in this area, but in straining my brain to remember I think I read a case in the Kansas Employment Law Letter. I believe I had just created a sign up sheet for those who checked out some equipment and on it I required them to sign that they would be responsible for replacement cost if they did not take adequate precautions in the care of the item. Shortly after I posted the sheet I read the article which showed that we could not force those kinds of deductions. You can sue the employee if they were really negligent, but you cannot coerce them to pay nor can you force deductions. There was a small grey line if the employee felt responsible and wanted to repay the company. Wish I could be of more help.

    Good luck!

    Nae
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  • tkesslerTony Kessler 409 Posts
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    shandyside, nae is correct. Kansas Employment Law Letter has written about this topic on several occasions. Go to the newsletter archives (behind the password) and search for "deductions" in "Kansas" for "the last three years." You'll see links to 11 articles. The top two in the list seem to address your concerns. One paragraph in particular in the second article -- "Working through the Kansas Wage Payment Act" (May 2005) -- seems to be directly on point. Here it is:

    "The regulations [for the KWPA] also specify deductions that don't accrue to the benefit of the employee and thus can't be made under any circumstances, even with the written consent of the employee:

    * deductions for cash and inventory shortages, breakage, returned checks, or bad credit card sales;
    * losses resulting from burglaries, robberies, or alleged negligent acts;
    * deductions for uniforms, special tools, or special equipment that aren't necessary to the performance of the assigned duties and that are customarily supplied by you; or
    * any other deduction not specified by the KWPA or the KDOL regulations."

    Hope this helps. tk


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  • shandysideshandyside 12 Posts
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    Perfect - thanks for your help
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