Legal Question in Workers Comp in Pennsylvania
I work as a server in an upscale restaurant. My employer requires every server to pay one doller after each shift for a "breakage fee." They say this is to cover any breakage or damage we my incure over the course of our job. However, I've made two mistakes of the past two years concerning credit card payments (combining for roughly $60) which I was forced to reimburse or lost my job. Is this legal? Isn't the breakage fee illegal in itself as it is unclaimed income? I've never signed paperwork agreeing to pay this fee. If I'm charged this fee (which for me totals roughly $250 annually), shouldn't I be free of any financial obligation concerning my mistakes?
2 Answers from Attorneys
I'm sorry I cannot answer your question because it's not in my specialty. You coded your question under the "worker's compensation" category but that is incorrect. I suggest you do the question again & pick "employment law" as the category. Hopefully the question will get forwarded to a lawyer in that specialty. Good luck!
Docking pay is not illegal per se but it is difficult for an employer to do without running afoul of the state and/or federal wage payment laws. Unfortunately, there is no clear resource that you can use to convince your employer and you may need to hire an employment lawyer to advocate with your employer. The question then becomes whether the cost is worth the return, particularly after factoring in that your employer may look for reasons to discontinue your relationship.
You may be able to mitigate the cost/employer response factor if there are many potential complainants and you all agree to pursue the issue.
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