Paying for mistakes--PA

[arc57]

I work as a waiter in a restaurant in Pennsylvania. The manager has said that if we drop a plate or mess up an order, then we have to pay for the unserved food. He said that if we don't pay within 3 days, we'll be fired. Is this legal? If not, what should I do if it happens to me?

I'm a new member, so I apologize if this question has been answered before.

Thanks!!

[Pattymd]

From the PA DOL FAQs: http://www.dli.state.pa.us/landi/cwp/view.asp?a=142&Q=61106&landiPNavCtr=|#12

The thing to remember regarding deductions from your paycheck is that you must give written authorization to your employer to make such non-tax related deductions. It is not valid to sign a "blanket" authorization at the time of hire to cover any future deductions. Further, as a rule, deductions cannot reduce your gross pay below minimum wage, and the deductions must be to the benefit of the employee.

So, not only is it illegal, but if you are fired because you do not agree, or because you report this to the state Dept. of Labor, you can add a wrongful termination claim to your unemployment claim.

[arc57]

Thank you so much for your help, Pattymd!

I have two more questions for you:

1) The manager doesn't expect this money to come out of my actual paycheck--he expects me to pay him in cash out of my pocket. That is, most of the money I make is in cash tips, so he seems to expect that I pay for the mistake out of the tips I have made that day. Does this amount to the same thing?

2) What kind of proof would I need in order to be believed about it by the DOL? Do they want you to have witnesses? Or a receipt?

Once again, thank you so very much!

[Pattymd]

No, it is not the same thing. However, what he expects and what you are required to do by law, are two different things. If, in fact, you refuse and he deducts it from your pay, you don't have to have any proof for the DOL. The employer will have to prove that the deduction was proper and authorized.