2/18 Does anyone know whether or not it is legal for a restaurant to
withhold wages/tips from a waiter if a customer leaves without paying?
This seems totally illegal to me but my google legal fu is weak.
\_ Wages, no. Tips, the portion the customer might reasonably be
expected to tip. -dans
\- i doubt that is legal. in CA management cannot force the
tips to be shared with anybody not directly involved in
front room service [can share with busboy butr not dishwasher
front room service [can share with busboy but not dishwasher
or cooks]. in fact i would think this is covered under some
broader employment rules about you cant charge employees for
fuckups like this. i can ask a acquiantance who is a chef-owner
fuckups like this. i can ask an acquiantance who is a chef-owner
in SF about the dine&&dash situation.
\_ might depend on locale... see #9
http://waiterrant.blogspot.com/2005/07/check-please-ah-check-my-favorite-part.html
\_ That guy needs to seriously get a different job.
\_ http://www.restaurant.org/legal/ask_archives.cfm -- whoops, next
link down.
\_ This answers the question. Since most waiters make minimum
wage (in CA), it's going to be illegal in most cases.
\_ at least in santa clara county, you can call for a quick 20min
free legal referral
\_ It's illegal in all states my contact at the Golden Gate Rest.
Assn. knows of. If someone doesn't pay for a meal, obviously
there's no tip for that meal for the rest. owner to withhold, but
they may not withhold money from any of the other tips. Nor can
they charge waiters for broken dishes or the likes. That said,
there is a good reason why most people who matter in any given
restaurant loathe waiters (especially primadonna prissy
whores like the blogspot guy above). Good ones are few and very
far between and deserve a nice fat cash tip. -John
\- Your GGRA assicate isnt named "Dan" is he?
\_ No, it's my friend Vinnie da Pesto Hammer. -John |