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Please clarify the paycheck issues,
the servers have to pay for customers who do not pay?
In terms of credit card fees, this is common, An employer can deduct from charged tips no more than the credit card processing fees assessed on the charged tips.
When tips are charged on credit cards, an employer is not required to pay the employee’s pro-rated share of the service charge taken by the credit card company for the processing of the tip. The employer must return to the employee the full amount of the tip charged on the credit card, minus the pro-rated portion of the tip taken by the credit card company.
A server cannot be forced to pay for customers who did not pay,
that would be a clear violation of the wage laws,
do they take tips out or is it from salary?
Your restaurant cannot charge you for customer walkouts or breakage.
Employees are not responsible for financial losses due to customers not paying bills or for theft of the restaurant’s property. Restaurants cannot make deductions for spoilage, breakage, or cash shortages. Nor can a restaurant deduct money from your pay as a fine or penalty for lateness or other misconduct.
Division of Labor and Industry
1100 North Eutaw StreetBaltimore, MD 21201Office Hours: 8:00 a.m. to 5:00 p.m. Monday - Friday Ph:(NNN) NNN-NNNNbr/>Web: www.dllr.state.md.us/labor/wagepay/wpremedies.htm
You should file a complaint with the State labor department,
unless you signed some contract allowing such deductions, this is not legal
under the FLSA, an employer is not permitted to take a “tip credit” in relation to minimum wage with respect to an employee if it retains any of the employee’s tips. If an employer is making use of a “tip credit” to pay its employees less than minimum wage and improperly retains tips that should be given to or kept by employees, these employees may have a right to recover money in court under the FLSA.
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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. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below
you can claim on call time, however you have to be required to be near or at work, and not be able to enjoy the day off,
If you are required to pay for non paying customers, and your wages fall below minimum wage, you have a valid lawsuit, under the FLSA,
If you cannot be away from work, you may have a lawsuit for unpaid wages as well for being on call,
if you're a server whose employer is saddling you with bills that customers refuse to pay, the U.S. Department of Labor wants to hear from you. Call its help line at 1-866-487-9243.
If the server does not fall below the minimum wage, the violation would not be major, however the practice is a violation of the FLSA,
Good luck, and consider filing a complaint with the labor board,
once you provide positive feedback, it will be sent to you.
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