Am I required to pay for a mistake that I make as a waitress?
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Am I required to pay for a mistake that I make as a waitress?
I am a server at a small cafe. We write our tickets by hand. Sometimes we miss prices or write orders wrong. Do we have to pay for those type of mistakes?
Asked on November 8, 2016 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Whether or not employers can charge employees for their mistakes depends on where you live; TX does not have a specific law on this. Further, the only federal rule is that paycheck deductions can’t reduce your pay below minimum wage. Therefore, unless you have a union agreement or employment contract to the contrary, as an "at will" worker, you can be charged for your mistakes. That having been said, in TX, your employer would have to either have you voluntarily make up the shortage or sue you for it since a paycheck deduction may only be made if you give written consent.
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