Many restaurant owners have experienced the problem of customers/diners ordering a meal, finishing the meal, and then leaving withou paying the bill (commonly referred to as "dine and dash"). Often times this occurs in busy restaurants and the customer's actions may or may not be the fault of a server who is not paying attention to the customers well enough to notice that they are leaving without paying the check. To fight the losses from dine and dash customers, it is tempting to set a policy that you will deduct the loss from a waitress’s salary. An employer may be attempting to make the employee more attentive. However, generally this is not a permitted practice under labor law and employment law.
It is not legal for an employer to set a policy that allows that employer to deduct from the employee's salary any amount owed by a customer who has skipped out on the check. Because the waitress is not ultimately responsible for the actions of a customer, this is unfair and is also against employment law and labor law in many areas.
Minimum wage requirements and other wage and hour employment and labor laws that ensure full pay for hours worked can result in an employer illegally deducting money from an emplyees salary. This can cause serious trouble for the employer. Further, besides the legal problems involved in the employer's illegal actions, there are also problems with employment retention that can result from a policy of this type. In other words, no one will want to work for an employer or company that has this policy.
If you are a waiter, waitress, or other tip-earning employee and your employer has deducted money from your salary without permission based on a customer leaving without paying, you should consult with a lawyer as soon as possible. Likewise, employers should also consult with an attorney before accidentally making a policy that could be in violation of the labor law and employment law.