Are employers allowed to make servers pay for a

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Are employers allowed to make servers pay for a

I’m a waiter at a restaurant and while serving a few tables yesterday, a couple came in to dine. At one point of the night they asked,

Asked on October 8, 2017 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) House tips are illegal: all the money must go to the tip eligible employees (e.g. waiters, bartenders, bus boys, the host(ess) who seats customers, etc.). If the employer keeps will not pay you 100% of your tips, you could file a complaint with the state department of labor for the tips to which you are entitled.
2) However, servers are ressponsible for "dining and dashing" because the server was negligent, or careless, in allowing the customers to do this. The employer may demand that the servers repay the money that their carelessness cost the employer; if the servers will not pay, it could sue them for the money and could certainly terminate them.


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