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waitress pays for order mistake? Legal? Illinois

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  • waitress pays for order mistake? Legal? Illinois

    i started this waitress job and they say that if you mess up an order and the kitchen makes it you have to pay the full menu price for it. Is this legal?

    also they are not paying me for my training until i am on the floor for a pay period but i've already worked 3 weeks. today was paydday and they are not paying me for another 2 weeks. Legal?

  • #2
    Originally posted by twntink View Post
    i started this waitress job and they say that if you mess up an order and the kitchen makes it you have to pay the full menu price for it. Is this legal?
    This is complicated. Federal law gives some support for this practice will substantial limitations. I would argue that the full price of the meal is not legal under federal law. Recovery of the cost of the meal could be legal under federal law, subject to MW/OT restrictions discussed in the fact sheet. However state law often has different rules and I have no idea what your state's rules are.
    http://www.dol.gov/esa/regs/compliance/whd/whdfs16.htm


    Originally posted by twntink View Post
    also they are not paying me for my training until i am on the floor for a pay period but i've already worked 3 weeks. today was paydday and they are not paying me for another 2 weeks. Legal?
    Almost certainly not legal. There are some very, very narrow training pay exceptions but one of the rules is that you cannot be doing any useful work, which you almost certainly are.

    IMO, the employer is a turkey. Move on to a different employer and file a wage claim on your way out the door. Claim everything you mentioned. It might work. It might not. But there is no reason to not file the claim.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      thanks

      thank you for the informantion and oppinion.
      i am going to confront the manager, but i expect him to be not so nice about these issues.

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      • #4
        Is it possible that the company pays in arrears? That is entirely legal. It isn't that you won't be paid for those 2 weeks, but that you will be paid for time worked now, in teh next pay period.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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