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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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Hello, My son, who is 19, works for a local Vineyard restaurant.

Resolved Question:

Hello,

My son, who is 19, works for a local Vineyard restaurant. We have had 2 issues come up recently from his manager.

First: The restaurant manager is asking all employees to buy a certain embroidered polo shirt and jacket for about $60. The clothing is embroidered witht he vineyard's logo.

My son makes minimum wage there and it seems to me this would be a violation of Ca. Labor Code laws as well as perhaps the FLSA laws.

Secondly: A bottle of liquor was found to be missing after last weekend's restaurant operations. The manager sent everyone an e-mail about it and stated that if it happened again that all employees would recieve a deduction from their pay to cover the cost of any missing items. Sounds like balloney to me.

Could you please address the legality of these issues as they would apply to California and Federal law.

Thank you,
Gregory Fox
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The employer must pay for the uniforms required by the employer typically.

See section (d) in the following link:

http://www.dir.ca.gov/dlse/faq_deductions.htm


It would also be a violation of state wage and hour laws for the employer to discipline employees by taking deductions from their wages. If the employer takes this action, a complaint should be filed with the state labor board.

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