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Under the law, restaurants have the right to dock a server's pay for mistakes such as miscalculations on the check, errors making change, order errors, register shortages, and customer walkouts. This is true even if the wage used by the restaurant is far below the federal limit for non-tipped employees.
No, no, no! It is illegal for a restaurant to require a server to pay for a walk out, yet it happens over and over again. Where deductions for walk-outs, breakage, or cash register shortages reduce the employee's wages below the minimum wage, such deductions are illegal.
This is why it is illegal: Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law.
Trade association UK Hospitality said every business would have its own policy on walkouts but denied it was “standard practice” to deduct wages from staff. Managers would also use a voucher code to take about 30% off the bill, so waiters did not have to pay the full amount, he adds.
Not necessarily. Apparently some restaurant owners pass the loss on to the most “logical” responsible person, your waiter. That's right, sometimes servers' pay is docked when diners ditch the bill.
Tips are legally required to be reported as personal income for taxation by the server, so it is still illegal for the employer to make the employee pay for a mistake from them. Report the employer to labor standards, they are breaking the law.
Doesn't matter if anyone touched it or not. And no, they cannot make you pay for mistaken orders, dine and dash or take your tips (unless it is for a tip pool to share tips with the back of house staff). For example if you pay in cash $25, at the end of the night I would give my employer $25 cash for that bill.
”Generally, under the Employment Standards Act (ESA), an employer cannot withhold, cause returning or make a deduction from wages because of an employee's 'faulty work' [like] damage to company tools/vehicles,” said Janet Decline, Ontario Ministry of Labor spokeswoman, in an e-mail statement.

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