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  1. #1
    Join Date
    Aug 2017
    Posts
    1

    Default Can a Restaurant Employee be Required to Reimburse an Employer for Losses

    My question involves labor and employment law for the state of: North Carolina

    Ok so I work in a restaurant and whenever a mistake is made (wrong button pressed, customer returns food, walk out, customer claims food is missing etc) the employee is forced to pay for it.

    When I say pay for it I do not mean that it is deducted from their wages or their tips I mean that before they are allowed to leave work they have to "purchase" the food/materials that were wasted and check out like a normal customer. Is this legal?

    I know that docking pay to below minimum wage is illegal. However I feel that this is in a grey area where I'm not exactly sure of what my rights are since it's not docking pay but rather being forced to spend your money at your job.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Force Payment for Mistakes at Restaurant (Not Docking of Pay)

    Quote Quoting Pancake18
    View Post
    My question involves labor and employment law for the state of: North Carolina

    Ok so I work in a restaurant and whenever a mistake is made (wrong button pressed, customer returns food, walk out, customer claims food is missing etc) the employee is forced to pay for it.

    When I say pay for it I do not mean that it is deducted from their wages or their tips I mean that before they are allowed to leave work they have to "purchase" the food/materials that were wasted and check out like a normal customer. Is this legal?

    I know that docking pay to below minimum wage is illegal. However I feel that this is in a grey area where I'm not exactly sure of what my rights are since it's not docking pay but rather being forced to spend your money at your job.
    Its no different than docking pay in theory, whether or not it would be considered to be docking pay in practice is something better determined by your state department of labor. I would definitely make a complaint with them and see what happens. In the meantime, its time to start looking for another job, because you really do not want to keep working for an employer like that.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Force Payment for Mistakes at Restaurant (Not Docking of Pay)

    According to NC Dept. of Labor, docking for the benefit of the employer can only be done with prior written authorization from the employee and cannot reduce the pay to below minimum wage for the first 40 hours of work.

    http://www.nclabor.com/wh/fact%20she...from_wages.htm

    Making an employee check out and pay out-of-pocket reduces the wages paid for the work preformed. I found one example where paying out of pocket for uniforms that benefit the employer is covered under this rule.

    If the employer requires an employee to wear a uniform, the cost and maintenance of the uniform is considered to be for the benefit of the business. Therefore, if the employer requires the employee to pay for the uniform or cleaning of the uniform (even rental uniforms), the employer can only deduct down to the minimum wage of $7.25 per hour for the first 40 hours in a workweek for uniforms. The employer cannot by deducting such costs reduce the employee’s wage below minimum wage. This is true whether a payroll deduction is being made or the employee is paying out-of-pocket.
    http://www.ncrla.org/?page=LR_Deductions

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Force Payment for Mistakes at Restaurant (Not Docking of Pay)

    Agree with both of the above posters. I'll add that NC is very, very big on policies being in writing and accessible to the employees before they are considered enforceable.

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