Is our boss allowed to take our tips if we forget to properly charge for food/beverages?

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Is our boss allowed to take our tips if we forget to properly charge for food/beverages?

If we forget to charge the proper charge on the check (including beverages, up-charge for different toast *.20 cents* or anything else), the check will be tacked up on the board with a note of what we owe. Is this legal for him to do?

Asked on July 15, 2011 under Employment Labor Law, Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No this is absolutely illegal for your boss to require you pay the difference. Both by state law standards and the U.S. Department of Labor, you cannot be charged for such items. To do so would be considered retaliatory. In Wisconsin, wage deduction is only allowed for loss, theft, damage or poor workmanship under section 103.455 of the Wisconsin statutes. This statutory section states it in clearer detail but it doesn't appear to cover the situation about which you speak. The acts appear to be retaliatory. So the best thing to do is to file a complaint with the department of workforce development in Wisconsin. Your employer cannot fire you in retaliation or treat you worse because of it. You may also wish to see if you can file an anonymous complaint.


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