Wednesday, March 31, 2010
Charles B asked:
My restaurant requires the servers to either roll one bin of silverware or pay $5.00 at the end of the night. They make so many rules and have it set up so most servers will be forced to pay the $5. They then use this money to pay somebody in the mornings to roll silverware. So they use our money to pay somebody under the table. One of our servers actually did this one morning and she only received $25.00, when about $60 was payed the night before. Is this legal?
My restaurant requires the servers to either roll one bin of silverware or pay $5.00 at the end of the night. They make so many rules and have it set up so most servers will be forced to pay the $5. They then use this money to pay somebody in the mornings to roll silverware. So they use our money to pay somebody under the table. One of our servers actually did this one morning and she only received $25.00, when about $60 was payed the night before. Is this legal?
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3 comments:
This is a GREAT question for your state Wage and Hour board. Since you don't say what state you are from, we are of little assistance.
I guess there is just no end to the creative ways they have of screwing restaurant workers around.....
You can try reporting this to your state Department of Labor. In many states, it is illegal for the employer to make any deductions from pay other than those required by law, OR those the employee agrees upon. So if you AGREE to this scheme, it's probably legal. Is it legal to pay someone under the table? That depends on how many hours the person works and a lot of other factors. Is it legal to pay that person less than was collected from the servers? Absolutely.
Now, when complaining about this practice, remember one VERY important thing: rather than 'fining' the servers, the employer could just say "you didn't do the work that was required, so you're fired". They can do that, and in fact can fire you for any other reason as well.
Of course, you could solve this by simply doing the work required.
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