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  • Can't find State Law New Mexico

    Hi,
    I have been searching and can't find the answer to my question. Any help would be much appreciated.

    I am wondering if it is legal for an employer (specifically a restaurant) to make a server pay for an error made either on the servers part or on the customers part. The two situations I am curious about are: 1. Table walks out on a bill, is the server responsible for paying the bill or any part of the bill? 2. A server makes an error (puts in the wrong order, forgets to put an order in, drops a plate on the ground, etc), is the server responsible for paying any part of the cost of food or drink?

    Thanks so much to anyone that can point me in the right direction to help me answer my questions.

    AcrylicAce

  • #2
    it's complicated. If we are talking federal law only (FLSA), the feds are ok with this some of the time. Let me ignore the tips for a moment. If Bob makes $10/hr, and works 40 hours this week, then he (in theory) makes $400. The problem is that the feds do not actually care about the entire wage. They care about overtime (if any), they care about minimum wage, and if we were not ignoring tips for the moment, they would care about those as well. In our example federal MW is $7.25/hr, which means the feds only care about the first $290 of Bob's wages. They do not care about those extra wages at all (40 hours @ $2.75/hr = $110). Under federal rules only, they would be fine with the sorts of deductions you mentioned UNLESS the deductions interfered with the MW, OT or tip rules.
    http://www.dol.gov/whd/regs/compliance/whdfs16.pdf

    HOWEVER, while states cannot make federal rules go away, they can have rules that are in addition to (but not instead of) the federal rules. Your state is not my state and I have no idea what rules (if any) NM has in this area. Perhaps another responder does.

    What I can do is to give you a copy of the federal tip rules, and a very short reference to the state tip rules.
    http://www.dol.gov/whd/regs/compliance/whdfs15.htm
    http://www.dol.gov/whd/state/tipped.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      wage deductions N M

      Deductions from Wages

      An employer can deduct the following from an employee's paycheck only if the employee
      has consented in writing:
      - cash shortages
      - breakage, damage, or loss of the employer's property
      - uniforms
      - required tools
      - other items necessary for employment

      An employer may not deduct, withhold or divert wages from an employee's paycheck,
      unless:
      - required or permitted to do so by state or federal law or court order, or
      - the employee has consented to the deduction in writing.

      Uniforms, Tools, and Other Equipment Necessary for Employment
      New Mexico does not have any laws prohibiting an employer from requiring an employee to
      purchase a uniform, tools, or other items necessary for employment.

      Medical or Physical Exams, including Drug Tests, Required for Employment
      New Mexico does not have any laws prohibiting an employer from requiring an applicant or
      employee to pay the cost of a medical examination or the cost of furnishing any records
      required by the employer as a condition of employment.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment

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