Georgia Employer Charging for Lost or Damaged Equipment

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 Can My Employer Charge Me for Broken or Lost Equipment in Georgia?

According to Georgia equipment deduction laws, it may be possible for an employer to charge a worker for lost or broken equipment. Federal employment laws allow employers to deduct certain specific losses from a worker’s paycheck.

A worker may lose or break a piece of equipment, damage merchandise, or have a cash drawer come up short. In general, the only exception is that the deductions cannot cause the worker’s pay to fall below federal minimum wage. This means, when a worker is only earning minimum wage, their employer cannot charge them for any losses.

Employment law is a term that describes a very broad range of legal issues that are associated with workers, employers, and safety conditions in the workplace. There are certain employment laws that can apply to a case involving employment discrimination, while other laws may be used for guidance when creating company policies or employee handbooks.

Employment laws are meant to protect all individuals who are part of the workforce, including:

  • Making sure that a business does not discriminate against prospective job candidates or current workers during the interviewing, hiring, promoting, or termination process
  • Giving specific rights to self-employed individuals, or independent contractors
  • Making sure that interns and volunteers do not face discrimination, sexual harassment, or retaliation in their workplace
  • Creating protections for workers who are involved in disputes against co-workers, employers, or companies

It is essential to be aware that employment laws can vary by jurisdiction and by state. Due to these variations, rights given in one state may not be given in Georgia. In addition, there are also issues that are governed by federal and state employment laws, for example, pregnancy leave.

Similar to other employment law issues, the laws that govern whether employers can charge for lost or broken equipment can vary by state. Many states provide more protections than federal laws.

Many states, including Georgia, also require a worker to provide written consent before legal paycheck deductions can be made. However, some states do not allow for deductions at all.

Generally, Georgia employers are permitted to make deductions from workers’ paychecks, so long as their income does not fall below the federal minimum wage. There are specific items that often belong to employers, which may include, but are not limited to:

  • Badges, including entrance and identification badges
  • Keys
  • Key fobs
  • Parking permits
  • Equipment used to perform the job that the worker did not bring themselves, such as:
    • computers
    • machinery
    • tools
    • various other electronics
  • Uniforms or other clothing that was provided by and required by the employer
  • Documents or other work that the worker produced, especially if it is confidential in nature
  • Products or prototypes produced by the company

Georgia lawyers can help their clients, both workers and employers alike, understand the specific rules and regulations of Georgia employment laws related to charging for lost or damaged equipment.

In Georgia, Can Employers Force Payment To Cover the Loss?

In the State of Georgia, in general, an employer cannot force payment to cover a loss without written consent from a worker. Even if the worker provides consent, the deductions have to comply with federal laws and the worker’s income cannot go below federal minimum wage.

There are certain common examples of illegal payroll deductions, which can include:

  • Employment taxes that must be legally paid by the employer and not the worker
    • Generally, employers have to pay state unemployment taxes as well as the federal unemployment tax (FUTA)
  • Premiums for workers’ compensation, as employers are not allowed to shift the cost of these premiums onto workers
    • Employers are totally responsible for these premiums
  • Any deductions that would reduce the worker’s earnings below minimum wage
  • Deductions for personal protective equipment that employees must wear according to Occupational Safety and Health Act (OSHA) regulations

The deductions that are allowed at the state level can vary by statute. Examples of subjects that can vary at the state level include:

  • Deductions related to the cost of uniforms that employees have to wear while they are on the job
  • Deductions for cash register shortages
    • Georgia is permitted to make paycheck deductions when a cash register is short
  • Employment-related expenses, for example, seminars or employee training

If an employer deducts a worker’s wages unlawfully, it is a form of wage theft. Wage theft occurs when an employer does not pay a worker the full amount for the work they performed.

Both workers and employers alike can benefit from scheduling a Georgia lawyer consultation when they have any questions or concerns related to paycheck deductions, especially charging for lost or damaged equipment.

Georgia State Laws About Charging Employees for Damaged or Lost Property

As previously noted, an employer must have clear, written consent from the worker to charge them for damaged or lost property. In Georgia, there is no specific law that allows deductions for all lost or damaged property.

However, Georgia law also does not explicitly forbid these types of deductions when done correctly. The rules under the Fair Labor Standards Act (FLSA) will typically take precedence.

The FLSA prohibits deductions for certain business expenses, such as lost or damaged property, if those deductions drop the worker’s pay below minimum wage. Additionally, OSHA guidelines also prohibit employers from charging workers for necessary protective and safety gear.

What Can Georgia Employers Deduct from a Worker’s Paycheck?

Employers do have to make some deductions from a worker’s paycheck, including:

An employer must also make any required deductions for state and local taxes. It is important to note that some workers may also have other court-ordered obligations, such as alimony and child support.

If there is any type of court order that requires an employer to garnish a worker’s paycheck, the employer must comply. The funds that are garnished from the worker’s paycheck are used to pay the worker’s creditors.

Do I Need a Lawyer if My Georgia Employer Charges Me for Lost or Damaged Equipment?

You may be afraid that you do not have the time or resources available to find a Georgia lawyer who can help when your paycheck is being deducted. It is quick and free to use the services provided by LegalMatch to find a Georgia employment law attorney in your area.

In as little as 15 minutes, you can complete the free online submission process that connects you with licensed and prescreened Georgia employment law lawyers near you. If your employer is making deductions for your paycheck for lost or broken equipment, your lawyer can determine if those deductions are legal and what steps you should take if they are not.

If you are a Georgia employer, your employment attorney can help ensure you properly make deductions for items that are permitted under the law and that they do not cause a worker’s pay to fall below minimum wage. Your employment law attorney can also help draft employment agreements and any other necessary documents that include written consent for paycheck deductions for workers.

Many lawyers on LegalMatch provide potential clients with free initial consultations, which means you may be able to speak with several different Georgia attorneys about your issue. You are under no obligation to hire any of them. The responses you receive will include information on each Georgia lawyer’s background, fees, and client reviews, allowing you to choose someone who fits your budget, so get started today.

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