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MALE v. ACME MARKETS, INC.

110 N.J. Super. 9 (1970)

264 A.2d 245

RAYMOND F. MALE, COMMISSIONER DEPARTMENT OF LABOR AND INDUSTRY, STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ACME MARKETS, INC., A CORPORATION OF NEW JERSEY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 22, 1970.

Attorney(s) appearing for the Case

Mr. Thomas J. Brady argued the cause for appellant (Messrs. Milton, Keane & DeBona, attorneys; Mr. Henry J. Byrne, on the brief).

Mr. Richard C. Camp, Deputy Attorney General, argued the cause for respondent (Mr. George F. Kugler, Jr., Attorney General of New Jersey, attorney).

Before Judges KILKENNY, LABRECQUE and LEONARD.

The opinion of the court was delivered by KILKENNY, P.J.A.D.

Acme Markets, Inc. requires the cashiers at the check-out counters of its supermarkets to reimburse it for any shortages in their receipts. Overages belong to the employer. Formerly, the shortages were taken out of the wages. But this was deemed to be in violation of N.J.S.A. 34:11-4.4, which prohibits employers from "withholding" or "diverting" from wages payable any sums other than those specifically...

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