waitress makes mistakes/cut her check

[mariam]

Is it possible/legal: a waitress charges customer 5 for lunch when it sells for 7. Mistake noted after customer leaves. Is waitress responsible for the $2? Who eats the loss? Is it legal to demand wait staff pay for the mistakes they created?

 

[ALawyer]

It seems as if that is the terms and conditions of employment they could discharge you if you didn't eat your mistakes -- although most bosses would not make you make up the outages dollar for dollar. If it is a gimmick to get around minimum wage laws, then it would be illegal.

 

[lawguy]

it depends on your location:

for example, in california, employers may NOT take deductions from employees or charge them for accidental losses. of course, they can fire employees who make mistakes, but a negligent mistake ("oops") must be swallowed by the employer as a cost of doing business.

but, for example in florida, employers may take almost any deduction from your pay as long as you end up earning at least the minimum wage. unlike ca, fla doesn't limit the employer's ability to take unilateral deductions.

so, call your state labor agency to see what the rules are in your state.