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.

See also: http://info.corbettlaw.net/lawguru.htm

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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.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The response that you have received is based only on the small amount of information which you have provided. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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


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