Legal Question in Business Law in New Jersey

Food server's rights

Is it legal for owners of restauraunts to make their servers pay the check of a customer who ran out on the check.

Asked on 7/27/08, 8:15 pm

2 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: Food server's rights

No. A server is not the guarantor of the debts of the patrons. The practice may also violate one or more of New Jersey's labor laws depending on the particular circumstances.

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Answered on 7/27/08, 8:54 pm
Robert Davies The Davies Law Firm, P.A.

Re: Food server's rights

Waiters/waitresses get paid very little to start with.

I have no lawyer advice for you. I do not know this area of law.

If I were you, I would see if there are other jobs available. WHEN you have another job to go to, then I would tell your boss "NO". If he fires you, I would file a claim with NJ Wage & Hour. No guarantee that you will win, I just do not know the law. But I would not put up with it. Not once. Never.

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Answered on 7/28/08, 10:20 am

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