Is it legal for an employer to charge an employee for customers who order food but don’t collect and pay?

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Is it legal for an employer to charge an employee for customers who order food but don’t collect and pay?

My girlfriend works in a pizza place called moes in kansas, and her boss charges her if customers order and don’t collect or pay. She only told me yesterday that she wouldn’t be able to afford it if her boss charged her today. This means that her boss is putting her below minimum wage or even not paying her at all. Surely this is illegal?

Asked on November 18, 2017 under Employment Labor Law, Alaska

Answers:

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

Answered 3 years ago | Contributor

For a walk out or "dine and dash", a sever can only be charged if they have previously agreed to be held liable for such unpaid meals. Accordingly, if servers are informed of the policy in advance and still agree to work for the employer, then thir consent is impled. That having been said, after the charge for the unpaid meal a worker's wage cannot go below the applicable minimum wage. 

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

Answered 3 years ago | Contributor

For a walk out or "dine and dash", a sever can only be charged if they have previously agreed to be held liable for such unpaid meals. Accordingly, if servers are informed of the policy in advance and still agree to work for the employer, then thir consent is impled. That having been said, after the charge for the unpaid meal a worker's wage cannot go below the applicable minimum wage. 


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