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View Full Version : Paying for walkouts and other restaurant related questions, Michigan


amanda8501
07-12-2008, 01:18 AM
I have a few different questions, hope you dont mind.

I have been working at a bar/restaurant for the past year who over that time has continually given us new reasons for why we must pay for a tab that has not been paid. I know that it is illegal for them to force us to pay for a tab that has been walked out on. They have just recently told us that anyone who uses a credit card but doesn't leave a signed credit slip and then calls their credit company to dispute the charge, we will be held responsible for not only the amount of the tab but the $30 dollar charge that the credit card company charges for the matter. Would this also be illegal? what law would this fall under? and while we are on the subject would it also be illegal to not hire someone if they refuse to sign something agreeing to paying for walkouts?

Second, a few weeks ago the same restaurant planned a charity event where they pledged 80% of the servers tips to go to the troops. None of the servers had a problem with donating our tips but this was not discussed with the staff, we literally found out when they brought the posters for the event into the restaurant. They were also going to pay us our normal wage of 2.65 but after we complained they changed the hourly rate to minimum wage for the night. We have set schedules so anyone that worked the night of the event was told that they could get someone to pick it up for them if they didn't want to work, and that they wanted volunteers, no one wanted to work, no one volunteered so they forced the normal staff to give up the money they would of made without their permission. Yet again is this illegal?

Lastly, there have been problems with bartenders drawers being counted. Basically when its under, the bartenders are forced to make up the difference, but when its over there is always a reason other than the bartender not taking the right amount of tips out of the drawer for why its over. I'm not even sure if I should ask if this is illegal....

I'm really looking for what i could do in these situations and who should i contact.

Cycler
07-12-2008, 03:58 AM
a job recruiter for your next job. Move on.

Pattymd
07-12-2008, 07:22 AM
However, the poster has recourse.

Regarding the first issue, here is the requirement for deductions from pay (which generally would include being required to pay "out of pocket") in Michigan. This FAQ is right on point.
http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-83344--,00.html

However, I'm sure the employer could come up with some other reason for refusing to hire an employee who did not agree to have the amounts deducted. Having said that, the employee could accept the job, then file a complaint with the DLEG when the illegal deduction occurs. (A tad sneaky, but in this economy, jobs are hard to come by.)

Regarding the second issue, as long as you were paid minimum wage, I don't see a violation of law here.

Regarding the cash drawers, here is the FAQ on deductions from pay.
http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-41944--,00.html

amanda8501
07-12-2008, 07:41 AM
a job recruiter for your next job. Move on.

I am aware of that and am looking for a new one. I just want to know what I can do to keep them from doing this to anyone else....

Thanks Patty

seniorjudge
07-12-2008, 08:17 AM
I am aware of that and am looking for a new one. I just want to know what I can do to keep them from doing this to anyone else....

Thanks Patty

Get another job and drop the crusade.

DAW
07-12-2008, 08:25 AM
However, I'm sure the employer could come up with some other reason for refusing to hire an employee who did not agree to have the amounts deducted. Having said that, the employee could accept the job, then file a complaint with the DLEG when the illegal deduction occurs. (A tad sneaky, but in this economy, jobs are hard to come by.)


And if the OP ends up moving on to a new employer (as is suggested by several posters), there is arguably no reason to not file a wage claim on the way out the door. It works or it does not, but it legally brings this particular business practice to official attention.

TheRed
07-12-2008, 09:24 AM
...
Regarding the second issue, as long as you were paid minimum wage, I don't see a violation of law here.
...

You don't?

(2) Except for a contribution required or expressly permitted by law or by a collective bargaining agreement, an employer shall not require an employee or a person seeking employment to contribute directly or indirectly to a charitable, social, or beneficial purpose as a condition of employment or continuation of employment.


Addittionally, the tip credit is also an all or nothing thing. You can't pick and choose when the provisions apply. The tips must remain the property of the employee, absent a valid tip pool/tip out. I refer you to FOH §30d00 et seq and DOL Opinion Letter FLSA2006-21 for explaination.

Pattymd
07-12-2008, 04:10 PM
Moving on is fine. However, as DAW says, it doesn't bring the employer's illegal actions to the attention of the department, nor does it get the employee back any funds that have been illegally deducted.

Nobody reports, the employer keeps on doing it.

joec
07-12-2008, 04:15 PM
You know people that make comments like move on or drop the crusade would not move on if they were the ones being burned. Contact an attorney take them to court ,talk to your co-workers about forming or joining a union.

In McGruffs travels I found restaurant operators to be abominable managers in general: uniformed,unsophisticated,and often brutish in their treatment of employees. The pay stinks benefits are minimal ,and hiring fireing is arbitrary.

Management training if there is any,is rudimentary decision making is autocratic. I have seen plenty of poorly run business, but no where is the misery,and anxiety of the workers more intense then a badly run restaurant.

It's an industry screaming Unionize me,and often someone does,unfortunately not enough. Move on or drop the crusade pss ,save that for the chamber of commerce.
JoeC

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