making a mistake, and charging a customer too little. I work in a restaurant, and we have an archaic method for computing totals on checks. Lots of mistakes are made as a result. The manager circles the mistake in a brightly colored marker and posts it for all to see. If you don't pay up by the next pay period, it gets taken out of your paycheck.
Also, if you are working the cash register, and your drawer is short, the managers will autmatically take it out of your check.
I live in Florida, if that makes any difference...
2007-10-30 15:19:52 · 9 answers · asked by Somebody's Sister 3 in Politics & Government ➔ Law & Ethics
We also get paid under the table and work along-side illegal immigrants. In my opinion, they shouldn't piss off their employees since we do know all of their dirty little secrets.
2007-10-30 15:33:27 · update #1
To Cattbarf, this is something that started happening a couple years after I was first employed at the restaurant. They also did not discuss with the employess that this would start happening, they just started taking money out of paychecks.
2007-10-30 15:35:14 · update #2
Yes this is perfectly legal.
2007-10-30 15:27:04 · answer #1 · answered by Anonymous · 0⤊ 3⤋
It's been common practice for a long time---decades---where I come from. If a waitress is short because of a mistake it is taken out of her paycheck. If a customer walks out with paying it is taken out of her pay. I'm pretty sure it's legal to do that or someone would have sued a long before now.
Think about it. Any waitress could claim mistakes that weren't really made and pick up some money thus they have to have a way to prevent this from happening.
Whenever we go to restaurants---which is often---we make sure the bill is accurate because it only punishes the waitress if there is a mistake.
2007-10-30 16:25:17 · answer #2 · answered by Anonymous · 0⤊ 2⤋
I don't think it is legal. If you were in a union you would be protected by such practices. And if they deside to keep up this practice they can say and not be able to prove that they have lost another one and another...etc You might want to ask if anyone in management made a copy of this receipt, and find out what was the sum of money that was payed and what the item is. You might find that this could have been a luxury item for the boss's wife.
2016-03-13 08:58:26 · answer #3 · answered by ? 4 · 0⤊ 0⤋
Florida has virtually no laws dealing with employment, other than with youth employment. So, the only venue of law covering Florida employment is federal law.
Federal law permits the deduction of pay as long as the person receives a rate of minimum wage or higher. However, it also says that the employee must be paid for the hours worked. I know that this is confusing but this is the way this should be interpreted. An employer cannot just "willy-nilly" take money from the employee (such as what your employer did). If the employer said that it will deduct the cost of uniforms from wages, it is legal, as long as the net wage is still above minimum. It could even deduct from wages for situations such as yours, had she said that employees will be charged for cancellations caused by actions of the employees.
Withholding pay as a punishment is not legal. You may wish to contact the US DOL and discuss it with them. http://www.dol.gov/esa/contacts/olms/lmskeyp.htm#Gulf_Coast_Region
2007-10-30 15:26:48 · answer #4 · answered by Godzilla Gal 4 · 3⤊ 0⤋
I don't know your local law but if it's legal then it's morally wrong!
It should be the employers responsibility to provide training, process's and the appropriate equipage to ensure optimal business out comes whilst guarding employee safety and security.
Does your employer offer to restore your pay, or make additional payment to you, if you mistakenly OVERCHARGE a client? I suspect not!
This employer's policies seem designed for their benefit only and offers much latitude for abuse of staff.
Contact your local appropriate trade Union or statutory work-place relations authority for better advice.
Concede no further deductions, and endeavour to recover any already made (easier done if well documented) .
If fired, count it as a blessing -- all you've lost is continued exploitation and guaranteed poverty.
I wish you well.
2007-10-30 15:44:58 · answer #5 · answered by malancam55 5 · 2⤊ 1⤋
Archaic restaurants usually fold. Why not go somewhere else? If you knew about this practice before you started, I doubt if you have a legal leg to stand upon.
2007-10-30 15:30:45 · answer #6 · answered by cattbarf 7 · 1⤊ 1⤋
It sounds illegal, but just to give you a heads up... don't go off on your boss because of something someone wrote here, if someone does write that it is illegal, make sure there's evidence behind it to back it up before you go quoting whatever nonsense someone may say here and end up getting into trouble at work.
2007-10-30 15:30:19 · answer #7 · answered by yahooligan 2 · 2⤊ 1⤋
It is actually illegal.
Overages are NOT tips and shortages are NOT to be paid by the employee and are NOT to be deducted from their wages.
What he is doing is stealing!
2007-10-30 15:28:54 · answer #8 · answered by Anonymous · 3⤊ 1⤋
It seems to me that what the manager is doing is legal.
2007-10-30 15:25:01 · answer #9 · answered by Max 6 · 0⤊ 3⤋