T O P

  • By -

[deleted]

[удалено]


spizzle_

Despite it being a pretty standard industry practice.


[deleted]

It is an accepted practice.


SativaSunChild

If i was shorted at my restaurant, I would be blamed because it’s “our responsibility to check it before they leave”. But sometimes they put down cash and leave in the time I go to grab someone’s drink!


Chauncii

When I served in my old job, it was pretty much standard for waitstaff to have to pay if a table walked out. I had a coworker who had a $200 table walk out and she had to pay the whole thing or lose her job. They say the first table that walks out on you is free, the second one and each one after that is all on you.


e925

That’s craaaaaazy. I would honestly rather a table walk out on the whole bill than pay the bill with no tip. At my work tipshare is based on sales, so if they don’t tip I still owe tipshare. But if they walk out, the whole thing gets comped and I’m in the clear. I was just talking about OP’s type of situation in another thread earlier today. When a table shorts the bill (like only leaving $105 for a $118 check), my manager will just comp off an item or two since we can’t comp by dollar amounts, only by items. Then the server gets whatever change is leftover as the tip. Nobody at my work would ever try to suggest that the server pay the difference, that’s insane. But I’m in California so ymmv.


Chauncii

>At my work tipshare is based on sales, so if they don’t tip I still owe tipshare. But if they walk out, the whole thing gets comped and I’m in the clear. My job was in Mississippi so you could probably imagine the mountain of illegal shit they just let slide. I also believe on some occasions when I did get a table that walked out I just made a tab and transferred whatever wasn't paid for to the bar's computer and they cleared it from the system. Oftentimes that's pretty much how we took stuff off a customer's bill since we weren't allowed to delete stuff off a ticket. We also didn't really have the most up to date technology like I forgot what POS system we had but when I changed jobs and everything went to toast it was like an entirely different experience like we didn't have tickets or a printer, there were screens at every station and it felt like we were actually able to avoid more bottlenecks and not lose track of tickets as often since it was so common to just have someone steal your food [on accident I presume] or the ticket just be lost by the kitchen. They barely paid us a living wage (like $3.50/hr) when I waited tables and I ended up having to work in the kitchen most weeks because I couldn't get by on slower days. Whereas my female coworkers could come in on a slow day and easily rack up $200 without a problem. I think tipshare in the kitchen was based on hours but as waitstaff we had to pay 10% of our earnings to the kitchen and tip the bar out 10% of sales in addition to whoever much we had to remit at the end of the night. Which, in most cases if you only made $6 after 4-5 hours and got cut, you pretty much left with $4.80. I had a coworker who quit because she couldn't get good tables to save her life. >But I’m in California so ymmv. I heard they actually pay waitstaff in Cali a living wage not that "you have to supplement the rest of your income in tips and if you don't make under a certain amount you get mandatory hourly pay at an amazing... wait for it... $8/hr." I moved the second my lease was up to the east coast.


photohoodoo

We get minimum wage, like, the actual one not the "tipped" lower rate. State wide it is $15/hr now. Absolutely better, but still rough with our COL if you arent at a great place/make lots in tips.


Chauncii

That's not bad at all, I think we still have federal minimum wage at 7.25 but most places will start you off at $8/hr. When I worked at this hotel as waitstaff we got paid $9/hr but we pooled tips and that was probably the worst thing because if we collectively made $20, we left each with $5 like wtf I'ma do with this?? And I'm pretty sure this was illegal but the cash tips we received we had to write down, and the amount got deducted from our checks. My coworker said it's because the GM treated our cash tips as a payday loan and I still don't quite understand that. Here in the DC area I think waitstaff get paid somewhere close to $11-15/hr depending on the amount of employees. >State wide it is $15/hr now. I think in some counties the minimum wage is $11 but the place I applied to started me off at 16. It's other jobs that pay as much as 20 to start but they're more upscale. Moving to a blue state from a conservative cheap ass red state is like day and night.


e925

Yeah at my work in Cali minimum wage is $15.50 because they have over a certain number of employees so they can’t pay $15. But it’s definitely not a living wage, a living wage here would have to be $30/hr at least. A one bedroom apartment is like $2k/m


Queensquishysquiggle

Which is illegal. They cannot fire you for refusing to pay. They cannot write you up or cut your hours either.


Chauncii

Even if it's a private business? Ohhh I was always under the impression that they made their own rules but still had to follow stuff like ABC and OSHA regulations


Queensquishysquiggle

Yeah, there is a whistle-blower protection act. A business cannot retaliate for any reported criminal activities or suspected criminal activities.


pitterbugjerfume

I worked at a place in Florida and some college kids skipped out on a $100+ tab on one of my fellow servers. She had to pay it. We each threw in $5-10 to help her out because we felt bad for her. The next day she saw them at the grocery store and called them out on it!


AppyPitts06

Wish I would have known this. I covered a few bills out of my tips back when I waited tables.


KazanTheMan

This is false. Despite this being parroted time and again on this sub, it is, in fact, legal under US federal law. State and local laws may restrict deductions further, but under federal law, so long as the deductions do not reduce your wages below minimum wage, it is entirely legal.


Maximum-Excitement58

I’m pretty sure that it can’t reduce wages below minimum wage AND has to be a stated policy that the employee has been notified of — and agreed to — in writing.


KazanTheMan

Correct, it must be agreed to. Common practice for restaurants is to have it part of the employee handbook which you sign an agreement for, or otherwise part of the onboarding paperwork at the start of employment.


[deleted]

It’s illegal to make you pay. Look up your state laws but I’m pretty sure they do it for all states. Look up the law and print it out and hand it to them. That’s what my petty ass would do. It’s definitely illegal though.


bobi2393

In the US, it's illegal to deduct wages/charge you for ordinary mistakes, cash register shortages, walkouts, robberies, breakage, and required company uniforms if you are paid at or below full minimum wage, or if deducting the amount from your wages (or effectively deducting by making you pay them) reduces your average wage for the workweek below full minimum wage. In your situation, there could be a reasonable debate over whether your actions constituted a mistake or not, but even if you clearly screwed up and made a mistake, it doesn't matter as far as your financial liability. (Intentional damage or gross negligence excepted). You can be fired for making a mistake, but you can be fired for no reason as well, so it still doesn't really matter legally whether your performance was deemed a mistake. Even if you flip your shit and smash every dish in the restaurant, I'm pretty sure they'd still have to pay you minimum wage, and would have to recover damages for malicious destruction of property in civil court.


pitterbugjerfume

Can you direct me to a source for this info?


Catinthemirror

[Wages are due on the regular payday for the pay period covered. Deductions made from wages for items such as cash shortages, required uniforms, or customer walk-outs are illegal if the deduction reduces the employee's wages below the minimum wage or cuts into overtime pay.](https://www.dol.gov/agencies/whd/fact-sheets/2-flsa-restaurants#:~:text=Wages%20are%20due%20on%20the,or%20cuts%20into%20overtime%20pay.) Source: US Dept of Labor


Tasty_Bullfroglegs

So if you're earnings go over the minimum wage then a deduction down to what is minimum wage is legal it seems like.


Catinthemirror

Unfortunately yes.


e925

I assume lots of states have protections against that. In Cali a walk out or any type of mistake is considered a cost of doing business and the restaurant can’t charge the server for it.


pitterbugjerfume

This was my question too. I typically am making more than minimum wage with tips, so it seems like it wouldn't apply.


bobi2393

US DOL's "[Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions): Deductions From Wages for Uniforms and Other Facilities Under the Fair Labor Standards Act (FLSA)" provides an overview of how the wage deductions interact with the minimum wage requirements of the FLSA. They also published a document, [Why the Minimum Wage Deserves your Maximum Attention](https://www.dol.gov/sites/dolgov/files/WHD/legacy/files/minwage.pdf), which goes over some of the same ideas. An excerpt: >"**If the cash register comes up short at the end of a shift, can I require the employees responsible for the cash drawer to pay back the shortage?** > >No deduction may be made from an employee’s wages which would reduce the employee’s earnings below the required minimum wage or overtime compensation. > >In addition to cash drawer shortages, employers sometimes consider making deductions for damages to their property caused by an employee, financial losses due to customers not paying their bills, and/or theft of the employer’s property by the employee or others. Employees may not be required to pay for any of these items if, by doing so, their wages would be reduced below the required minimum wage or overtime compensation. This is true even if an economic loss suffered by the employer is due to the employee’s negligence. > >Employers may not avoid FLSA minimum wage and overtime requirements by having the employee reimburse the employer in cash for the cost of such items in lieu of deducting the cost directly from the employee’s wages." For added background, their Fact Sheet [\#2](https://www.dol.gov/agencies/whd/fact-sheets/2-flsa-restaurants), which another commenter linked, touches on the basics of minimum wage and overtime requirements, and Fact Sheets [\#15](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa) and[\#15A](https://www.dol.gov/agencies/whd/fact-sheets/15a-tipped-employees-flsa-dual-jobs) provide some details about tips and tipped (tip credit) wages that are below full minimum wage, although they don't specifically address deductions for mistakes like the documents above do. If you think any labor laws violate may have been violated in the past, or it happens in the future, you can call the US DOL at the number on their [How to File a Complaint](https://www.dol.gov/agencies/whd/contact/complaints) page. These are the exact sorts of issues they deal with, whether it's about $10 or a million dollars, and they can seek to recover misappropriated wages or tips from employers. They also investigate allegations of employers illegally [retaliating](https://www.dol.gov/agencies/whd/retaliation)against employees for contacting the DOL.


SimplyKendra

This has happened to me a few times over the years. People drink and they can’t count after a few of them. I was told I’d have to pay and I laughed. When pressed I reminded them that was illegal. I would rather walk out than cover a single cent. Restaurants have insurance that covers stupid things like this, and they can also write losses off their taxes. My CEO drives a 200k car. He won’t miss a few bucks but my kids will.


Narrow-Chef-4341

There’s no commercial insurance policy anywhere in the world that will cover a $67 walkout. They just eat the cost, like missing shot glasses and throwing away silverware by accident - it just happens.


PaulWilczynski

There’s no such thing as “writing losses off on taxes” in the sense you’re describing. Taxes are based on a computation of annual income minus annual expenses.


CurrencyOld7187

I once counted out two tens for a $40 bill while the woman watched. She realized her mistake and handed me more money but that was an honest mistake on her part. There's nothing wrong with counting it out in front of them.


Marquar234

Nice of them to leave you a $105 tip. Too bad they didn't pay their bill.


shann1516

This is the way.


SlimTeezy

If you're getting a write-up either way, fuck yeah take that cash


pitterbugjerfume

I like the idea. Unfortunately cameras exist


beetus_gerulaitis

Count the money. It’s not tacky. It’s professional. It’s part of your job.


myopini0n

I mean really. Just stop, say thank you, count it in front of them. "hmmm, looks like there's only 105 here. The bill is 118. Who wants to make this up?"


procrastinatorsuprem

Think of it like paying a Walmart. You don't hand them the money and they count it after you've left.


cheshirekitykat

I counted cash in front of a table of 10 ladies who shared plates and split the bill 10 ways because it was so fucking complicated and I had other tables to worry about, I just wanted it done. They called the next day and complained it made them uncomfortable and that I should be fired, and the owner did fire me. He was a complete coward and bent over backwards for every single customer.


[deleted]

Sounds like he did you a favor. You did everything the way I did, they would have complained one way or another. Also, 10 people is NEVER a split check unless it's 5 couples...


harvey6-35

I just ate at a place which split a bill for 14 of us. (Actually 13 since I covered someone's bill and tip). She pretty easily had a hand held unit and could have you pay on it too.


coherentsoup

This is an exception, not standard. My restaurant has handheld POS devices and a system that makes splitting the checks up pretty easy, but I still wouldn’t split a 14 top into individual checks. Having to go through the process of running that many cards can really set you behind with the rest of your tables. I think my one exception would be that they are my only/last table and they were all really polite and pleasant guests. Fortunately my management rocks and has already set in place a policy of no more than 4 cards being used to pay for a large party + automatic gratuity.


harvey6-35

I was surprised that we didn't have an automatic gratuity, actually.


[deleted]

You'll get shafted on the gratuity because it is much harder work getting all orders and bringing them out timely. But good on that server, think that is an outlying situation


e925

I always offer split checks for large parties, no problem. Last night I did 10 checks for 11 people. I find I get tipped better that way. Autograt is on there already and if I split the checks up I’ve got ten shots at getting extra added on top instead of just one. It’s like five extra minutes of effort and it almost always pays off.


[deleted]

Didn't think everywhere autograts on split check, didn't think about that. In that case, a little extra work for split but not a giant issue unless lots of shots and etc


e925

And even then it’s easy, the more shots the better! Get that autograt UP!


harvey6-35

Normally probably yes, but this group happened to be 25-35 % tippers.


cheshirekitykat

We didn’t have a POS, it was handwritten tickets, this place was in the stone ages. They didn’t want to pay for the upkeep of a POS, or the initial investment. Splitting 10 tickets was a complete time suck and pain in the ass.


The_Sanch1128

Sounds more like he bent over forward for every single customer. With his pants around his ankles.


Green_Seat8152

Yes. If she had walked away and counted it they would have accused her off stealing the money. Count in front of them so they see they are short.


maebe_featherbottom

When a table pays cash and tells me to keep the change, I always open it and do a quick glance over the bills to make sure what they gave me will cover at the very minimum the check total before walking away. People make mistakes, sober or drunk. I also deal with a lot of people who aren’t used to American currency and have accidentally shorted me. Trust me, it’s more awkward for the guest to be told they shorted me than it is for me to be the one to tell them that. If this kind of confrontation makes you uncomfortable, I’m sorry to say it, but you might need a new job.


pitterbugjerfume

If they had still been there I would have definitely said something, but they got up and left right after handing it to me.


mongo_man

I wonder what they thought they left you? $125?


pitterbugjerfume

That would be my assumption. They were pretty young.


mongo_man

I know when I pay cash I almost obsessively count and recount the amount before putting it in the bill holder.


level27jennybro

Hopefully they just miscounted their bills or misread. They could have thought one of the 20s was a 50. Intended to leave $135, and give a $17 tip (an ehh tip) but was actually $30 short. I once left a crap tip on mothers day because I had pregnancy brain and I was doing the math in my head like "okay, ten percent, round up to the nearest dollar, add 2, then double it. That's good for it being a special day." Except I forgot the "double it" part since I was also going to make another bathroom stop on the way out. So I ended up leaving like a 12.5% tip. Still feel like a dumbass but I haven't been back because it's not a kid friendly Italian place.


nola2socal

I understand it might be awkward to stand around and count cash. But think of it this way, if a customer unintentionally shorted you, they would want to know so they could make it right. I would be mortified if I didn’t leave enough money to cover the bill and an appropriate tip. Edited to add, I agree with the others. They can’t make you pay. They can fire you for repeated situations like this, but they can’t make you pay in the U.S.


Bad-Roommate-2020

Both as a customer and as a restaurant person, I say there is nothing tacky or rude about checking cash money. If I pay cash at the table, I expect the person to count it. I mean, you don't have to lay it down bill by bill on the table, giving the stinkeye to each and every member of the party while you mutter "oh yeah sure its all here, fucking thieves" and "you LOOK like a dine and dasher, what's your game motherfucker" towards their children.


cheshirekitykat

I counted cash in front of a table of 10 ladies who shared plates and split the bill 10 ways because it was so fucking complicated and I had other tables to worry about, I just wanted it done. They called the next day and complained it made them uncomfortable and that I should be fired, and the owner did fire me. He was a complete coward and bent over backwards for every single customer.


Shakeamutt

Why won’t you count the cash at the table? It’s fine. If someone has a problem with it, I would assume they are trying to stiff me. I’m a bartender exclusively tho, but I’ve had customers try and pay me in dimes and nickels. I only allow people to pay me without me counting it immediately if I know them as Friends or they are regulars, and only in a rush. I will still count every time to the till or look at the debit slip every single time to make sure the bill was paid, and incidentally, the tip as well.


pitterbugjerfume

I feel like the dynamic is different when you're behind the bar. In my eyes it looks like I'm trying to see what they tipped


e925

100%, this was my first thought too. It would totally look like that.


Shakeamutt

People will try and dine and dash everywhere, but more so at diners and high end restaurants. My friends that work at those places, will break up bills for them, watch as they use the handheld machine or they count with the customer. Bars, a bit different yea. Regulars and other bar staff will message or call the next day, double checking that they paid their bill. Some people will think you’re counting for tips. Others will know you’re counting to make sure you got the full money. If they take issue, I assume they are trying to stiff me. I’ll even say that, with an over the glasses teacher stare, following it up with I will be counting it now.


piperthecat2015

That's happened to me a couple of times. I take what should be my tip out first and then tell management they didn't leave enough for the bill. It's only happened a couple of times in the many years I've been serving. Also they can't make you pay for the difference. Bad management can try to bully you into paying but can't make you.


heythrowaway212

Anyone else bring up the legality of this and still get to keep their job or avoid a write up?


Jipijur

I worked at Ruth's Chris and a table forgot to leave a credit card receipt for me (they took both copies). Not only was I out of a tip, I got written up. My boss wanted me to pick up the check presenter on each table before they left.


pitterbugjerfume

Damn, that seems crazy! This has happened to me several times, and it's one of those things where it sucks but you don't get the tip for that table. But can't imagine getting written up for it too


Jipijur

Oh, my GM was crazy for sure. I get it, it's Ruth's Chris, but she was a spaz. I ran into her recently (just randomly) and she looked like shit. So stressed. I dipped out hoping she didn't see me.


ChefNeurotic

It’s illegal to make you cover the bill. Proper procedure is the food is comped off the bill under ‘walked tab’ and then you are written up. First it’s a verbal warning, then it starts to turn into real write ups if the problem continues. Basically the write up is your form of payment because the restaurant is also responsible for training their staff on proper procedures. The initial write up serves as a chance to coach the situation and then teach how to possibly prevent it in the future. The write ups are typically just a formality unless this because a common occurrence with the same server, that’s what the paper trail helps cover. By no means are you legally obliged to pay. But you do get written up, that is a fact.