Can my employer deduct honest mistakes from my paycheck?

Asked almost 2 years ago - Blairsville, GA

I just picked my paycheck up from the past 2 weeks. My employer did not let me know until I saw my check that her new policy is if I (a waitress) forgets to charge for something that it comes out of my paycheck. When we get really really busy its really hard to make sure EVERYTHING is correct as far as pricing the tickets and I'll forget to charge 60 cents for cheese here or a dollar there. What makes it so hard is that I'm paid 2.35 an hour (server wage) to hostess, wait tables, bus the tables, and be the cashier, so when it gets crazy like that everyone makes mistakes. Is it right for her to take those mistakes which were honest accidents out of my pay? And to take 3% of my tips to pay for the fees the credit card companies charge her for her machine?

Attorney answers (1)

  1. Elizabeth Tandy Foster

    Contributor Level 13

    Answered . I am not admitted to practice law in your state so my comments are general. also while I am an employment lawyer, I have only sued one restaurant and wage issues were not an element of that lawsuit. I did a little searching on the internet and this is what I found out: your employer can charge you for the credit cards, and she can charge you somewhat for the food, but the answer on the food is a little bit more complex.

    Here is what I found

    I wish you luck in your effort to be paid correctly. If you vote for Democrats rather than Republicans you increase your chances of getting better treatment at work.

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