Am I required to pay for a mistake that I make as a waitress?

UPDATED: Sep 30, 2022

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Am I required to pay for a mistake that I make as a waitress?

I am a server at a small cafe. We write our tickets by hand. Sometimes we miss prices or write orders wrong. Do we have to pay for those type of mistakes?

Asked on November 8, 2016 under Employment Labor Law, Texas


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not employers can charge employees for their mistakes depends on where you live; TX does not have a specific law on this. Further, the only federal rule is that paycheck deductions can’t reduce your pay below minimum wage. Therefore, unless you have a union agreement or employment contract to the contrary, as an "at will" worker, you can be charged for your mistakes. That having been said, in TX, your employer would have to either have you voluntarily make up the shortage or sue you for it since a paycheck deduction may only be made if you give written consent.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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