Human Resource Blog

Is it illegal in the state of WV to make a server pay for a check if their table walked out?

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I had a table who walked out on a $95 tab last night, and my boss tried to make me pay. He said that he can take it out of my check, if needed. Is it illegal to make a server pay for a check if their table walked out? I know it is especially to take it out of their pay, but I want to know for sure if I am able to refuse to pay it.

Your boss is probably bluffing. He’s hoping that you will pay the tab in cash. Under federal law, employees must be paid at least the minimum wage for all hours worked. Most servers are paid a “tipped wage” so that their total between wages and tips is at or near the minimum wage. If this deduction would result in the server earning less than the minimum wage, then it is illegal — as you pointed out. West Virginia also has a minimum wage at the state level, and prohibits deductions that will reduce a worker’s pay below it.

If you refuse to pay the tab, and your boss deducts it from your check, contact both the West Virginia Division of Labor and the US Department of Labor.