Is it legal to make a server pay for their uniform, dropped food and mistakes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to make a server pay for their uniform, dropped food and mistakes?
I work as a server in a family owned restaurant in Indiana. I was required to purchase an employee shirt andapron. Is this legal? Also, if you drop food you have to pay for it. Is this legal? If you make a mistake on an order you have to pay for it. Is this legal? I looked it up for my state. According to the website its not legal to deduct wages from an employee’s paycheck for certain things. But I’m a server. He’s making me pay him my tips which are technically my paycheck. I just want to have some ammunition when they try to make me pay for these things again.
Asked on March 2, 2012 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law is slightly more complex than you indicated. It is true that an employer may not deduct money from an employee's pay without the employee's consent, barring certain deductions required by law (for example, FICA; court-ordered wage garnishments).
However, an employer may legally require an employee to buy his/her own uniform, and may also make it a term or condition of employment that employees pay for dropped food, mistakes, etc. If an employee refuses to comply, the employer could terminate him or her.
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 AttorneyPages.com 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.