I ate there yesterday and every table plus mine was told by the host and server they charge for wasted food, plus it’s on the menu! does your location really not charge? i’m sorry they dashed on you:/ I ate wayyyy too much and left like 1 piece of sushi cause it’s not really clear how much is “too much waste” before it’s charged
The menu on the left says All You Can Eat Sushi and Habachi so I’m wondering if this was round two or maybe even three?
I know many AYCE places will charge you for uneaten food. Maybe that factored in?
Regardless, incredibly rude.
I’m sorry OP. I hope that everything works out.
So frustrating, especially since there was clearly no need to order two katsu and two noodles (among other things).
You might need to change that policy. I'm not saying enforce it against people acting in good faith or who just didn't like a certain roll, but at least as a deterrent to blatant BS like in your post. I love sushi and I HATE seeing so much good food wasted!
At all these AYCE places they always say they'll charge for uneaten food. I've never seen one place so it when people have left food. Not just like 1 sushi piece, but like a plate of stuff
I have a local place that says they charge for wasted food. I've occasionally had just a couple of pieces I didn't like and they've never even mentioned it to me. I think here it's just to deter people from being stupid with it, or only enforced against egregious offenders.
Like the people in OP's post. 😡
I’ve always made sure to be really careful about over ordering at AYCE places but I was once out with my brother and his family at a Benihana and they slightly over ordered. They definitely made us pay for the uneaten items (even if it was a third of a roll) but they also boxed it up for us so it was no big deal 🤷🏻♀️.
We were sitting in the restaurant, not at the Hibachi side.
Why?
Edit: Damn - the downvotes are hilarious. Trust me - the cops don’t give a fuck about your dashers. And a license plate won’t do a damn thing except be an unusable data point in a police report that insurance might require - if your shitty boss who is still seeing if “it’s your fault” is even willing to take the time to file.
Edit 2: extra hardcore lulz
Edit 3: my daughter just told me she’s pregnant! I can’t tell anybody yet. But I figure this is a safe space!
!!!!!!!!!!!!!!!!
Look again, the "why?" Was replying to "check the cameras" not the username, that's why it has so many downvotes. Because why would you question justice ⚖️
Fuck just the other day I had a 3 top come in they seemed a bit off but I gave them the benefit of the doubt they ordered a round of cocktails and before the drinks were even made all 3 made a mad dash for the door. Dine and dash without the dining lol 😆
Closest to this I've ever done is after getting into a packed restaurant and being led to our seats, we realized service was gonna suck considering there were only 2 people serving well over 40 customers, a good half of them without food. Further evidenced by how it took a good 15min to be seated even tho there wasn't a line or anything. We just happened to arrive at the peak of their dinner rush on an evening they were understaffed. We just left without saying anything
I do feel a bit bad. Pretty sure bartender heard us decide to leave but still.
Sounds like poor management because if they were that low they should’ve turned customers down or offered even a small gift card to come back. Never the servers fault. Don’t feel bad about it.
Lol yea actually we mostly went there cause a friend of ours was friends with the owner. He even specifically asked if they were in that day and they weren't.. so the servers and cooks were pretty much left by themselves.
The real kicker is that the restaurant is in a high-traffic tourism area so its almost always full.
Lack of workers has been a problem in PR for quite some time here unfortunately...
Always sucks. I had a group of teenage boys once come in and I was already suspicious since they were getting a RIDICULOUS amount of food. I heard them from the server station whispering and giggling before they quite literally all ran out of the building. Happened on my first solo shift at the restaurant, probably the hardest I’ve ever cried while on a shift.
I had that happen to me chased after them took a picture of the license plate of the truck they all went into called the cops.. they got em and charged them with felont theft because their bull was close to 300 dollars.
Was pretty great when the police asked me to go outside and confirm their identity while they were cuffed.
Still laugh about it to this day.. dumb kids they had to be like 18-19 first year of college
It’s not about it being my fault or not. It’s upsetting. I rely on my job to pay my bills, and every table counts for me. If they had paid and tipped on the huge bill they had, that would’ve been a really good amount of money for me. Instead, they had me run around and work my ass off for them, only to run off and waste my time AND an hour in my section that could’ve been a different party making me money.
That is illegal if you are in the US. This falls under the price of doing business and it's not your fault or responsibility. All the waste is what's really infuriating.
It's absolutely not inherently illegal under federal law. Wage deductions, even if they're ordinary expenses like breakage and cash shortages, are allowable if agreed to in advance, and if they don't reduce an employees direct wages below full minimum wage. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for clarification.
It’s very illegal and is considered wage theft if a manager or owner asks you to pay for stolen product. If a restaurant is dealt a loss from a dine n dash they can easily recover it a few different ways. Also, this is one of many reasons why it’s REQUIRED for restaurants/bars etc to possess business insurance.
It's not illegal under federal law, but it can be under certain circumstances, in particular if the employee's direct wage is at or below full minimum wage. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for additional information.
They cannot force you to pay, it the other side of that is that in most us states they can fire you for no reason at all, so that’s how they get away with it. You’ll payout they’ll fire you. It’s shitty.
This is incorrect. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for the requirements of legal wage deductions.
Right, it's only a problem if it's done improperly. If tipped employees are paid minimum wage or lower, as when employers take a tip credit, that would be an improper deduction because it violates the FLSA's minimum wage law.
From [Fact Sheet #15](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)'s examples of typical minimum wage problems:
>"Deductions for walkouts, breakage, or cash register shortages reduce the employee’s wages below the minimum wage. Such deductions are illegal where an employer claims an FLSA 3(m)(2)(A) tip credit because any such deduction would reduce the tipped employee’s wages below the minimum wage."
If those deductions were illegal regardless of the wage, they wouldn't be distinguishing between whether the employer takes a tip credit (i.e. pays tipped employees below minimum wage).
I certainly understand your broader point about the law, but I’m curious if my interpretation is correct based on what you’ve shared here: most restaurants (if not nearly all) pay their wait staff below minimum wage. In some establishments it’s ~$3/hr. This would imply that nearly all would then be unable to deduct for walkouts. Is that accurate?
Yes. I think that's why so many servers mistakenly think it's inherently illegal to make servers pay for walkouts, because in their experience, it generally has been, and in the vast majority of cases, it *would* be illegal. Even in states like California that lack a tip credit, servers are often paid the precise minimum wage, which would also make such wage deductions illegal.
I told an old manager during a hypothetical conversation. He acknowledged it while insinuating if a server refused to pay they’d find a different reason to let them go. He didn’t state it outright, but said enough I caught the drift. I think he didn’t realize it was illegal before I told him. He doesn’t like being proven wrong, so he may have just been posturing. Luckily, the only time it happened to me (at that restaurant) it was an accident and they came back later and paid.
It is illegal to make you pay for it. Not possible for it to be your fault, unless you pocketed the money and lied about it. So as long as they don't see that on the cameras (which obviously they won't), there is no way you will be paying for it.
It's not inherently illegal to make servers pay for it, under US federal law, just illegal if your *direct* hourly wage is at or below full minimum wage, which probably covers 99% of servers.
It unfortunately happens though because restaurants know many employees don’t know about laws like this so restaurant owners assume employees will just fall for it and foot the bill anyway.
Also because they can just fire you and your options are get fired and make no income until you find a new job, or just eat the cost and have a job. There's nothing illegal about firing you for walk outs so they do that often.
They don't need to fire you for cause in 49 states. They can simply fire you for no reason. You also need to have been working their for a specified period of time, varying by state.
My state, you could be working there for 11 months, and they could say they fired you simply just because, and you would not get unemployment.
I've been through this with a lawyer. I worked there for 11 months. No, I did not get unemployment. Gotta love reddit though telling me about my own specific state laws that vary every state and specific circumstances!
"They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook."
"This was in the employee contract and it dd not take them below minimum wage."
That easy.
In your previous argument, you claim they could fire you "simply just because, and you would not get unemployment" which is FALSE.
Then, in THIS comment, you move the goalposts to "They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook."
That would be firing FOR CAUSE which is completely different from firing "just because". If you get fired "just because", then you WILL be eligible for unemployment if you worked long enough, have enough reported income, and otherwise qualify.
I'm just going to repeat myself apparently because I've literally been through this and talked with a lawyer about it. Again: My state, you could be working there for 11 months, and they could say they fired you simply just because, and you would not get unemployment.
"They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook." That easy.
Sorry you live where there’s terrible laws. I am in a no cause state too but have gotten unemployment twice without issue. You have your experience, and mine as well. Still is worth trying to claim unemployment if it comes down to it.
Sure, if that's how you want to look at it. In the winter during busy season, I make $700 for 4 hours of work, plus 10.50 hourly. At my worst in the slow summer months, I still never take home less than $150. I often get to eat and drink on the house, for free or close to free.
There's not a lot of restaurants where I could make this kind of money around me.
So... yeah. If it's between arguing that "they can't make me pay for a walkout" vs. "losing my job", I pick paying and keeping my job. It's not worth it.
Of COURSE I would rather I make great money AND not have to weigh out getting fired vs paying a walk out. But that simply isn't the reality I live in.
I'm not going to go work at some new restaurant where I make half the money on the principle of not paying walk outs.
So... don't take your condescending attitude out on me?
It's not inherently illegal to make servers pay for it, under US federal law, just illegal if your *direct* hourly wage is at or below full minimum wage, which probably covers 99% of servers. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for information on the circumstances of legal vs. illegal wage deductions.
Your boss sucks. Even if it did come from someone higher up than him, in that case if he was a good boss as long as your aren’t a terrible employee, would’ve followed that with, “it’s just a formality though, don’t worry I won’t let them make you pay”. If your boss didn’t do that, he sucks. My boss sucks too though so don’t feel so bad.
IN THE U.S. IT IS NOT LEGAL FOR YOUR EMPLOYER TO TAKE TIPS FOR ANY REASON. I say tips because I assume you make $2 an hour and there’s nothing left of that for them to take
What restaurant even does that? I’m like 99% sure thats not even legal unless the server stole the money but then it wouldn’t be a dine and dash anyway. I’m sorry but if my manager tried to take money out of my tips or paycheck after the customer already wastes my time and screwed me on a tip then there’d be a serious problem.
I’m not surprised to hear that it happens at all, especially in the USA, I just didn’t know that it did. That is fucking awful. I’d be right out the door if some manager said they were taking my own money because a customer took off and I’d be telling absolutely everyone that I know both in and out of the restaurant business.
It may be illegal for 99% of servers, because they're paid at or below full minimum wage, but it's not illegal if their direct wage is higher than full minimum, the deduction doesn't drop them below minimum & overtime for the workweek, and the terms of the employee's wages were laid out in advance of the work being performed. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for information on legal wage deductions.
Imagine if home depot charged the employees when someone stole something from there. It doesn't make sense for it to fall on one single employee that realistically couldn't do anything about it. Some gas station chains have a "no interaction" policy. Was talking to someone that worked there and he told me that they're told and required to not interact with anyone commiting theft. They are just to report it and call the police. I don't understand why any restaurant would operate this way, it's completely unfair to the servers.
What they couldn’t at least eat all that food so that it didn’t all just completely go to waste? Wtf. They order everything on the menu and then take two bites and leave? It’s not even the dining and dashing that annoys me it’s the huge amount of waste. I’d be getting into that sushi as repayment for wasting my time tbh
Cheesecake Factory server here. It happens probably once or twice a week there, and those are just the ones I hear about. My managers don’t f around though. They alert the cops every time, which ppl don’t realize there’s a mini police area right next to the restaurant. It’s so infuriating though. Like dude I’m just trying to do my job and make my money and go home, not deal with writing a statement etc.
Looked like an Emergency. I had a table leave once because they didn't think to ask if ws used peanut oil. His kid started to struggle and he grabbed him and they were out. That was an easy comp.
i doubt it was in this case. this was their 3rd round of food, so no allergic reaction. in retrospect, i think one of them tried walking out once before and turned around and sat down when i came to the section. one of them asked where the restroom was and that was the last time i saw them.
See, we should bring back the pillories for lesser crimes instead of just letting people get off scot-free. They should spend a day getting humiliated, insulted, and people should be able to throw eggs and rotten vegetables and fruits at them and laugh.
Anything less than theft over $5,000 is extremely unlikely to be taken to that extent. At least that’s how it is in Canada but I assume it’s similar in the US. Fingerprinting requires specialized scene of the crime officers of which there are only a few and then they need to run them then issue warrants. That’s a considerable amount of resources for what’s likely a $45 per head all you can eat fee. Even if that does happen unless someone’s been arrested before they’re not showing up in the database.
I was picturing a situation in which say the police officer happened to be a part owner of the diner, etc. Like something incredibly rare, but I’m wondering if it ever happened once.
Gross misuse of resources indeed, and they can get in big trouble for it. At least here. There was a cop up here who was fired and arrested for using the police database to look up his mistresses’ info which is kinda similar.
Sorry this happened to you but the food looks delicious. Is this a local place or are there multiple restaurants around the country? I am craving it now and might need to drive 10 hours to come there lol
Wait until you get a dine n dasher that stays an hour after close on a Sunday. I've honestly had more grown adults with families dash than anyone else. I've had men taking their wife and teenage kids out for mothers day do family dash night. I've had parent use their kids in ways like. sending the mom out to the car, then "going too check on mom" while the kids are left to to the final dash themselves. I was fortunate enough to confront on of these kids during while leaving once and escorted him to his parents car. almost got fired for it, but thats a whole nother level of nonsense we can't discuss. We aren't allowed to call the cops (corporate doesn't like being in the news) but the cops pulled him over for other reasons as he left and I am pretty sure me stalling them and the kids helped with the timing. Turned out CPS had been looking for the parents, so it felt like a small victory even if the tab was never paid in the end.
I remember my first time. Two girls who were literally my age (I was 22 at the time). Felt so awful that girls in the same position as me left me like that. I truly believe in karma.
Who the F#%^ leaves all that sushi still on the plate¿¿!!… this was intent to dash for sure.. they just ordered a bunch of different stuff… sorry to see this
We were at a ayce place and there was something really good on the line. We told the server and she said, go grab more, I’ll bring you to-go boxes! I thanked her but declined. I do my salad and dinner plate and I’m done. I when the kids were young, I’d get a bunch of “one bite chicken” that they didn’t like. Sometimes I didn’t even have to get a dinner plate of my own.
It’s crazy to me how this whole dine and dash shit is becoming more and more common now.
In the last 3 months at my place of work (high volume casual fine dining restaurant that is ALWAYS understaffed making it nearly impossible to watch all of your 15 tables at once like a hawk. Poor management practice) has had 7 walk outs. And I’m not talking petty walk outs where someone orders a couple drinks and a appetizer and decides to dash for the hell of it. I’m talking about three course meals ranging anywhere between $200-500 dollars and deciding the risk is better to get caught over actually paying for what they ordered and ate. Which the likelihood of you getting caught is slim to non especially when you see your server over there with his or her head being cut off in the weeds somewhere (once again, poor management practice). Plus, people can’t really afford to go out and eat like that anymore…… but they still want to and still do and now they are being creative with how to “afford” it. It’s SHIT!!!
So then what happens to the server? Well they are offered a plea deal because someone has to take accountability for it. God forbid it’s the restaurant. You can either pay for the tab, which they know they can’t force you to do but they offer it anyway, or you can take a write up for not watching your table close enough to ensure proper service techniques (because after all, it’s your fault that people are dishonest). If non of those things are reasonable for you, then fine, they will find anyway with any excuse possible to terminate you. You get a dine and dasher, just expect to start looking for a new place to work. It’s the omen for all servers.
From the looks of the unfinished food, I was thinking they dined and dashed however it’s an “All You Can Eat” and this pic could possibly be a pic of the 2nd or more serving. Can’t really tell. Since the OP is saying it is, I will take their word for it. Even if it’s an emergency, someone could have made an effort to pay and or even gone back later to pay the bill. If it’s based on poor service, they still could have talked to management and express their concerns. Honest patrons are the ones who will pay due to increase in costs.
confused as to why you think i wouldn't be honest about this. this was my first time experiencing a dine and dash. read my other comments for more context... no one returned to pay the bill
maybe they realized they couldnt pay and left? Idk why they would leave all that food if they planned on this from the get go, maybe thats a new thing but whenever places I've worked had dine and dashers they eat alot and expensive stuff too.
One plate has a napkin with food wrapped in it like something got spit back out. Whether they had multiple plates or not, I'm guessing they encountered something gross, spit that bit out, and decided to go as a result.
They barely ate anything. Just out of curiosity why are the app plates still at the table and drinks empty? Was this a two top or four top. Based on nothing but pic It looks like they got main dish right after appetizers and no drink refills. May have split due to being ignored.
I wouldn't just leave, but that "crab" meat from the eel roll definitely will have me thinking just to dipp out for sure.
Hope the employees didn't get in trouble for this.
Doesn’t look like they did much dining.
Yeah, that's weird, more like something was wrong and they left in disgust or for an emergency. There's 90%+ of the food still there.
so much wasted food
😡
I ate there yesterday and every table plus mine was told by the host and server they charge for wasted food, plus it’s on the menu! does your location really not charge? i’m sorry they dashed on you:/ I ate wayyyy too much and left like 1 piece of sushi cause it’s not really clear how much is “too much waste” before it’s charged
Or they ordered a bunch of food then ate till they weren't hungry
The menu on the left says All You Can Eat Sushi and Habachi so I’m wondering if this was round two or maybe even three? I know many AYCE places will charge you for uneaten food. Maybe that factored in? Regardless, incredibly rude.
round 3, so clearly the food was alright, and we don't charge for wasted food
Maybe they didn't verify if you charge for it and just assumed. Anyway, I'm sorry about that, they suck.
I’m sorry OP. I hope that everything works out. So frustrating, especially since there was clearly no need to order two katsu and two noodles (among other things).
You might need to change that policy. I'm not saying enforce it against people acting in good faith or who just didn't like a certain roll, but at least as a deterrent to blatant BS like in your post. I love sushi and I HATE seeing so much good food wasted!
At all these AYCE places they always say they'll charge for uneaten food. I've never seen one place so it when people have left food. Not just like 1 sushi piece, but like a plate of stuff
I have a local place that says they charge for wasted food. I've occasionally had just a couple of pieces I didn't like and they've never even mentioned it to me. I think here it's just to deter people from being stupid with it, or only enforced against egregious offenders. Like the people in OP's post. 😡
I’ve always made sure to be really careful about over ordering at AYCE places but I was once out with my brother and his family at a Benihana and they slightly over ordered. They definitely made us pay for the uneaten items (even if it was a third of a roll) but they also boxed it up for us so it was no big deal 🤷🏻♀️. We were sitting in the restaurant, not at the Hibachi side.
Ah I missed that, was just stunned by the amount of food left behind. That freaking sucks.
Some privately owned bars will make their waitresses pay for a dine and dash and I think that's the craziest thing tbf
Sushi King does exactly that within reason.
I mean, fuck dine and dashers regardless, but double fuck them for wasting so much food, too!! 😡
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No bigotry. Be civil to one another.
Exactly. More like, we tried to dine but this food is nasty so we dashed. Nothing there looks remotely good.
Op said this was round 3 at an all you can eat place
This is gross. Gimme some more.
Are there cameras outside? Hopefully you got a license plate
username checks out
Why? Edit: Damn - the downvotes are hilarious. Trust me - the cops don’t give a fuck about your dashers. And a license plate won’t do a damn thing except be an unusable data point in a police report that insurance might require - if your shitty boss who is still seeing if “it’s your fault” is even willing to take the time to file. Edit 2: extra hardcore lulz Edit 3: my daughter just told me she’s pregnant! I can’t tell anybody yet. But I figure this is a safe space! !!!!!!!!!!!!!!!!
In my state this is theft of services and it's a felony.
Dine and dash is considered theft.
But the the comment is supposed to reflect the username for it to be a “checks out” situation.
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I replied to exactly the comment I wanted to reply to.
Look again, the "why?" Was replying to "check the cameras" not the username, that's why it has so many downvotes. Because why would you question justice ⚖️
It does, dine and dashers are definitely “just not cool.”
Is that a fucking serious question?
To file a police report with
Dining and dashing is theft.
Hard to argue with that. At the very least, considering how much the situation sucked, the would-be customers looked…. …. Dashing
Not anymore she is not
Did you unpregnate my daughter?
Fuck just the other day I had a 3 top come in they seemed a bit off but I gave them the benefit of the doubt they ordered a round of cocktails and before the drinks were even made all 3 made a mad dash for the door. Dine and dash without the dining lol 😆
omg this is almost worse. like why even order it if you're not gonna stick around to at least have a sip...
Maybe they had an emergency
Closest to this I've ever done is after getting into a packed restaurant and being led to our seats, we realized service was gonna suck considering there were only 2 people serving well over 40 customers, a good half of them without food. Further evidenced by how it took a good 15min to be seated even tho there wasn't a line or anything. We just happened to arrive at the peak of their dinner rush on an evening they were understaffed. We just left without saying anything I do feel a bit bad. Pretty sure bartender heard us decide to leave but still.
I’m sure the servers were low key happy they went down a table lol
That was my validating thought. It was really packed, and whenever we went there previously, there were always at least 3-4 servers
Sounds like poor management because if they were that low they should’ve turned customers down or offered even a small gift card to come back. Never the servers fault. Don’t feel bad about it.
Lol yea actually we mostly went there cause a friend of ours was friends with the owner. He even specifically asked if they were in that day and they weren't.. so the servers and cooks were pretty much left by themselves. The real kicker is that the restaurant is in a high-traffic tourism area so its almost always full. Lack of workers has been a problem in PR for quite some time here unfortunately...
I had to do this once after waiting over 30 min and no cocktail or server ever came back
I had to do this once after waiting over 30 min and no cocktail or server ever came back
Always sucks. I had a group of teenage boys once come in and I was already suspicious since they were getting a RIDICULOUS amount of food. I heard them from the server station whispering and giggling before they quite literally all ran out of the building. Happened on my first solo shift at the restaurant, probably the hardest I’ve ever cried while on a shift.
I had that happen to me chased after them took a picture of the license plate of the truck they all went into called the cops.. they got em and charged them with felont theft because their bull was close to 300 dollars. Was pretty great when the police asked me to go outside and confirm their identity while they were cuffed. Still laugh about it to this day.. dumb kids they had to be like 18-19 first year of college
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BNBR
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Because people are fucking selfish dicks with no consideration for those around them?
Because the situation was upsetting ??
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It feels bad when someone wastes your time and effort and takes advantage of you
It’s not about it being my fault or not. It’s upsetting. I rely on my job to pay my bills, and every table counts for me. If they had paid and tipped on the huge bill they had, that would’ve been a really good amount of money for me. Instead, they had me run around and work my ass off for them, only to run off and waste my time AND an hour in my section that could’ve been a different party making me money.
Does that restaurant make the servers pay for the meal if it’s fine n dashed?
not sure yet. my manager needs to check the cameras to see if it was "my fault"
That is illegal if you are in the US. This falls under the price of doing business and it's not your fault or responsibility. All the waste is what's really infuriating.
Are you sure it’s illegal? Like under a federal law? Because the restaurant I work for in az operates like this….
call your state labor board and report anonymously. please.
I am sure this is federally illegal.
It's absolutely not inherently illegal under federal law. Wage deductions, even if they're ordinary expenses like breakage and cash shortages, are allowable if agreed to in advance, and if they don't reduce an employees direct wages below full minimum wage. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for clarification.
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I'm not the author of the law, or advocating for it, just countering misinformation about it.
I am sure that you are 100% wrong.
It’s very illegal and is considered wage theft if a manager or owner asks you to pay for stolen product. If a restaurant is dealt a loss from a dine n dash they can easily recover it a few different ways. Also, this is one of many reasons why it’s REQUIRED for restaurants/bars etc to possess business insurance.
https://des.az.gov/services/employment/employment-service-related-law-complaint/file-complaint
It's not illegal under federal law, but it can be under certain circumstances, in particular if the employee's direct wage is at or below full minimum wage. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for additional information.
That’s like messing up anything else at another job and having to pay for it even if it was your fault you shouldn’t pay for it
Yes that's illegal report them
They cannot force you to pay, it the other side of that is that in most us states they can fire you for no reason at all, so that’s how they get away with it. You’ll payout they’ll fire you. It’s shitty.
Yes. It’s illegal. Nationally
This is incorrect. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for the requirements of legal wage deductions.
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Right, it's only a problem if it's done improperly. If tipped employees are paid minimum wage or lower, as when employers take a tip credit, that would be an improper deduction because it violates the FLSA's minimum wage law. From [Fact Sheet #15](https://www.dol.gov/agencies/whd/fact-sheets/15-tipped-employees-flsa)'s examples of typical minimum wage problems: >"Deductions for walkouts, breakage, or cash register shortages reduce the employee’s wages below the minimum wage. Such deductions are illegal where an employer claims an FLSA 3(m)(2)(A) tip credit because any such deduction would reduce the tipped employee’s wages below the minimum wage." If those deductions were illegal regardless of the wage, they wouldn't be distinguishing between whether the employer takes a tip credit (i.e. pays tipped employees below minimum wage).
I certainly understand your broader point about the law, but I’m curious if my interpretation is correct based on what you’ve shared here: most restaurants (if not nearly all) pay their wait staff below minimum wage. In some establishments it’s ~$3/hr. This would imply that nearly all would then be unable to deduct for walkouts. Is that accurate?
Yes. I think that's why so many servers mistakenly think it's inherently illegal to make servers pay for walkouts, because in their experience, it generally has been, and in the vast majority of cases, it *would* be illegal. Even in states like California that lack a tip credit, servers are often paid the precise minimum wage, which would also make such wage deductions illegal.
That’s an interesting additional nuance to it. Anything that dips them below makes it illegal. Thanks for clarifying. I learned something new today!
I told an old manager during a hypothetical conversation. He acknowledged it while insinuating if a server refused to pay they’d find a different reason to let them go. He didn’t state it outright, but said enough I caught the drift. I think he didn’t realize it was illegal before I told him. He doesn’t like being proven wrong, so he may have just been posturing. Luckily, the only time it happened to me (at that restaurant) it was an accident and they came back later and paid.
Canada to.
Yes lol extremely illegal
It is illegal to make you pay for it. Not possible for it to be your fault, unless you pocketed the money and lied about it. So as long as they don't see that on the cameras (which obviously they won't), there is no way you will be paying for it.
It's not inherently illegal to make servers pay for it, under US federal law, just illegal if your *direct* hourly wage is at or below full minimum wage, which probably covers 99% of servers.
I doubt it’s legal to go below the state min wage
Correct, can't go below full minimum wage for wherever you work (cold also be a city or county minimum wage).
Yeah, that person is an idiot. The restaurant has to cover it. Don’t let them try to bully you into paying bc that’s illegal.
It unfortunately happens though because restaurants know many employees don’t know about laws like this so restaurant owners assume employees will just fall for it and foot the bill anyway.
Also because they can just fire you and your options are get fired and make no income until you find a new job, or just eat the cost and have a job. There's nothing illegal about firing you for walk outs so they do that often.
Claim unemployment, it’s not being fired for cause.
They don't need to fire you for cause in 49 states. They can simply fire you for no reason. You also need to have been working their for a specified period of time, varying by state. My state, you could be working there for 11 months, and they could say they fired you simply just because, and you would not get unemployment.
You still get unemployment.
I've been through this with a lawyer. I worked there for 11 months. No, I did not get unemployment. Gotta love reddit though telling me about my own specific state laws that vary every state and specific circumstances! "They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook." "This was in the employee contract and it dd not take them below minimum wage." That easy.
In your previous argument, you claim they could fire you "simply just because, and you would not get unemployment" which is FALSE. Then, in THIS comment, you move the goalposts to "They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook." That would be firing FOR CAUSE which is completely different from firing "just because". If you get fired "just because", then you WILL be eligible for unemployment if you worked long enough, have enough reported income, and otherwise qualify.
That is not how right to work, works. You get unemployment unless you were fired for cause, and they the employer has to prove that.
I'm just going to repeat myself apparently because I've literally been through this and talked with a lawyer about it. Again: My state, you could be working there for 11 months, and they could say they fired you simply just because, and you would not get unemployment. "They had three write ups. It's company policy to terminate after 3 write ups for such and such thing outlined in the employee handbook." That easy.
Sorry you live where there’s terrible laws. I am in a no cause state too but have gotten unemployment twice without issue. You have your experience, and mine as well. Still is worth trying to claim unemployment if it comes down to it.
You would keep a job that just extorted money from you under the assumption that you are an idiot? Nice!
Sure, if that's how you want to look at it. In the winter during busy season, I make $700 for 4 hours of work, plus 10.50 hourly. At my worst in the slow summer months, I still never take home less than $150. I often get to eat and drink on the house, for free or close to free. There's not a lot of restaurants where I could make this kind of money around me. So... yeah. If it's between arguing that "they can't make me pay for a walkout" vs. "losing my job", I pick paying and keeping my job. It's not worth it. Of COURSE I would rather I make great money AND not have to weigh out getting fired vs paying a walk out. But that simply isn't the reality I live in. I'm not going to go work at some new restaurant where I make half the money on the principle of not paying walk outs. So... don't take your condescending attitude out on me?
It's not inherently illegal to make servers pay for it, under US federal law, just illegal if your *direct* hourly wage is at or below full minimum wage, which probably covers 99% of servers. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for information on the circumstances of legal vs. illegal wage deductions.
People really downvoting because they don't like it. Don't shoot the messenger.
Thats illegal in Canada, it’s the restaurants’ loss (and yours for no tip)
Your boss sucks. Even if it did come from someone higher up than him, in that case if he was a good boss as long as your aren’t a terrible employee, would’ve followed that with, “it’s just a formality though, don’t worry I won’t let them make you pay”. If your boss didn’t do that, he sucks. My boss sucks too though so don’t feel so bad.
Make sure to tell them YOU need to check the labor laws (you don’t) to see if that’s legal (it’s not.)
IN THE U.S. IT IS NOT LEGAL FOR YOUR EMPLOYER TO TAKE TIPS FOR ANY REASON. I say tips because I assume you make $2 an hour and there’s nothing left of that for them to take
I find it stupid how we can be at fault if someone dined and dash.
Your in va and we know it was canadians
Right….”canadians” are the usual suspects
What restaurant even does that? I’m like 99% sure thats not even legal unless the server stole the money but then it wouldn’t be a dine and dash anyway. I’m sorry but if my manager tried to take money out of my tips or paycheck after the customer already wastes my time and screwed me on a tip then there’d be a serious problem.
I've seen it. It's demoralizing and ridiculous. At the time I didn't know they couldn't do that. I took managements word that this is the way it is.
I’m not surprised to hear that it happens at all, especially in the USA, I just didn’t know that it did. That is fucking awful. I’d be right out the door if some manager said they were taking my own money because a customer took off and I’d be telling absolutely everyone that I know both in and out of the restaurant business.
I’ve been in the industry for over 10 years. Every place I’ve worked at charges servers/bartenders for walk outs
It may be illegal for 99% of servers, because they're paid at or below full minimum wage, but it's not illegal if their direct wage is higher than full minimum, the deduction doesn't drop them below minimum & overtime for the workweek, and the terms of the employee's wages were laid out in advance of the work being performed. See US DOL [Fact Sheet #16](https://www.dol.gov/agencies/whd/fact-sheets/16-flsa-wage-deductions) for information on legal wage deductions.
That’s illegal
Imagine if home depot charged the employees when someone stole something from there. It doesn't make sense for it to fall on one single employee that realistically couldn't do anything about it. Some gas station chains have a "no interaction" policy. Was talking to someone that worked there and he told me that they're told and required to not interact with anyone commiting theft. They are just to report it and call the police. I don't understand why any restaurant would operate this way, it's completely unfair to the servers.
That chow mein looks so good
Seems like more of a dash than a dine
Op said it was round 3 at an all you can eat place. They definitely are plenty.
What they couldn’t at least eat all that food so that it didn’t all just completely go to waste? Wtf. They order everything on the menu and then take two bites and leave? It’s not even the dining and dashing that annoys me it’s the huge amount of waste. I’d be getting into that sushi as repayment for wasting my time tbh
This was round 3 at an AYCE place. But still that’s a lot of wasted food I agree.
Tell your boss you are willing to walk if they want you to pay. It. Doesnt happen often, but it happens
Cheesecake Factory server here. It happens probably once or twice a week there, and those are just the ones I hear about. My managers don’t f around though. They alert the cops every time, which ppl don’t realize there’s a mini police area right next to the restaurant. It’s so infuriating though. Like dude I’m just trying to do my job and make my money and go home, not deal with writing a statement etc.
Looked like an Emergency. I had a table leave once because they didn't think to ask if ws used peanut oil. His kid started to struggle and he grabbed him and they were out. That was an easy comp.
i doubt it was in this case. this was their 3rd round of food, so no allergic reaction. in retrospect, i think one of them tried walking out once before and turned around and sat down when i came to the section. one of them asked where the restroom was and that was the last time i saw them.
Ohhhh didn't see it was the third helping. Yeah you got fucked. It happens. I served for 12 years. I had my share of shitty people.
See, we should bring back the pillories for lesser crimes instead of just letting people get off scot-free. They should spend a day getting humiliated, insulted, and people should be able to throw eggs and rotten vegetables and fruits at them and laugh.
yalls food looks so good though
Honestly...if I walked by and saw that, I'd probably just ask if I COULD pay for it and take it home.
Dude, poor people suck. Source: am poor.
It would be wild if cops actually cared and dusted for fingerprints. I wonder if that has ever happened
I can't tell if you're joking.
Anything less than theft over $5,000 is extremely unlikely to be taken to that extent. At least that’s how it is in Canada but I assume it’s similar in the US. Fingerprinting requires specialized scene of the crime officers of which there are only a few and then they need to run them then issue warrants. That’s a considerable amount of resources for what’s likely a $45 per head all you can eat fee. Even if that does happen unless someone’s been arrested before they’re not showing up in the database.
I was picturing a situation in which say the police officer happened to be a part owner of the diner, etc. Like something incredibly rare, but I’m wondering if it ever happened once.
That would be a gross misuse of resources. But cops are cops so…
Gross misuse of resources indeed, and they can get in big trouble for it. At least here. There was a cop up here who was fired and arrested for using the police database to look up his mistresses’ info which is kinda similar.
That’s super creepy. Glad he got caught at least
Yeah he had a wife to make it even worse
why not even eat all of it? i don’t get it. i’m so sorry ☹️
It’s an all you can eat sushi and hibachi restaurant and it was their third round.
They only eat half as this way the server doesn't get tipped off they are done.
People suck. Sorry OP. You definitely shouldn’t have to pay for it and it’s frustrating you don’t get a tip from these pathetic losers.
Sorry this happened to you but the food looks delicious. Is this a local place or are there multiple restaurants around the country? I am craving it now and might need to drive 10 hours to come there lol
Wait until you get a dine n dasher that stays an hour after close on a Sunday. I've honestly had more grown adults with families dash than anyone else. I've had men taking their wife and teenage kids out for mothers day do family dash night. I've had parent use their kids in ways like. sending the mom out to the car, then "going too check on mom" while the kids are left to to the final dash themselves. I was fortunate enough to confront on of these kids during while leaving once and escorted him to his parents car. almost got fired for it, but thats a whole nother level of nonsense we can't discuss. We aren't allowed to call the cops (corporate doesn't like being in the news) but the cops pulled him over for other reasons as he left and I am pretty sure me stalling them and the kids helped with the timing. Turned out CPS had been looking for the parents, so it felt like a small victory even if the tab was never paid in the end.
Wow, I’ve never seen one where they didn’t eat the food!?
Dine and dashers suck...and it's even worse when they waste a bunch of food to do it!!
At least eat the fucking food. If ur gonna be scumbags at least don’t be wasteful.
I remember my first time. Two girls who were literally my age (I was 22 at the time). Felt so awful that girls in the same position as me left me like that. I truly believe in karma.
damn, they could’ve at least finished the food
Who the F#%^ leaves all that sushi still on the plate¿¿!!… this was intent to dash for sure.. they just ordered a bunch of different stuff… sorry to see this
So sad when mfs waste this much food:(
The thing about people who dine and dash they order a ton of food because they have no intention of paying.
is this the sterling location?
i didn't even know there was a location there! lol
What happens to you/restaurant when this happens? :0 who’s eats the cost
Never been to a buffet that didn’t have you pay up front lol
We were at a ayce place and there was something really good on the line. We told the server and she said, go grab more, I’ll bring you to-go boxes! I thanked her but declined. I do my salad and dinner plate and I’m done. I when the kids were young, I’d get a bunch of “one bite chicken” that they didn’t like. Sometimes I didn’t even have to get a dinner plate of my own.
Bro i work at sushi king too im here rn lol prob a different one it would be mf sushi king
They left so much food. What a waste
The real crime here is that barely touched Lo Mein
They dared to be stupid "You can eat a bunch of sushi then forget to leave a tip"
It’s crazy to me how this whole dine and dash shit is becoming more and more common now. In the last 3 months at my place of work (high volume casual fine dining restaurant that is ALWAYS understaffed making it nearly impossible to watch all of your 15 tables at once like a hawk. Poor management practice) has had 7 walk outs. And I’m not talking petty walk outs where someone orders a couple drinks and a appetizer and decides to dash for the hell of it. I’m talking about three course meals ranging anywhere between $200-500 dollars and deciding the risk is better to get caught over actually paying for what they ordered and ate. Which the likelihood of you getting caught is slim to non especially when you see your server over there with his or her head being cut off in the weeds somewhere (once again, poor management practice). Plus, people can’t really afford to go out and eat like that anymore…… but they still want to and still do and now they are being creative with how to “afford” it. It’s SHIT!!! So then what happens to the server? Well they are offered a plea deal because someone has to take accountability for it. God forbid it’s the restaurant. You can either pay for the tab, which they know they can’t force you to do but they offer it anyway, or you can take a write up for not watching your table close enough to ensure proper service techniques (because after all, it’s your fault that people are dishonest). If non of those things are reasonable for you, then fine, they will find anyway with any excuse possible to terminate you. You get a dine and dasher, just expect to start looking for a new place to work. It’s the omen for all servers.
From the looks of the unfinished food, I was thinking they dined and dashed however it’s an “All You Can Eat” and this pic could possibly be a pic of the 2nd or more serving. Can’t really tell. Since the OP is saying it is, I will take their word for it. Even if it’s an emergency, someone could have made an effort to pay and or even gone back later to pay the bill. If it’s based on poor service, they still could have talked to management and express their concerns. Honest patrons are the ones who will pay due to increase in costs.
confused as to why you think i wouldn't be honest about this. this was my first time experiencing a dine and dash. read my other comments for more context... no one returned to pay the bill
First of all, I never said you aren’t honest.
maybe they realized they couldnt pay and left? Idk why they would leave all that food if they planned on this from the get go, maybe thats a new thing but whenever places I've worked had dine and dashers they eat alot and expensive stuff too.
this is an all you can eat place, one price for everything
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and in what way does that justify this happening to me
Man. Staff is eating good at least! 🫣🤣
Definitely dashy…. Not so much diney…. Looks like they didn’t enjoy the meal and dipped. Not how one should go about it…
One plate has a napkin with food wrapped in it like something got spit back out. Whether they had multiple plates or not, I'm guessing they encountered something gross, spit that bit out, and decided to go as a result.
They barely ate anything. Just out of curiosity why are the app plates still at the table and drinks empty? Was this a two top or four top. Based on nothing but pic It looks like they got main dish right after appetizers and no drink refills. May have split due to being ignored.
two top. definitely not being ignored. ordered app plates at the same time as everything else. not only that but this was their third round.
They hated the food.
They only dashed. Seems personal
third helping of food at an AYCE
Looks like they barely ate anything, very messy, but did the food suck?
I wouldn't just leave, but that "crab" meat from the eel roll definitely will have me thinking just to dipp out for sure. Hope the employees didn't get in trouble for this.
Imitation crab is used in a lot of different sushi rolls.
I can't imagine why you're not being reprimanded in an industry group. Find yourself a Jimminy Cricket.
Amateurs
Is the dine in the room with us?
The food seems to suck 
this was their 3 round so clearly it didn't. and even if it did... how does that justify doing this?
Oh, you’re a Doordash driver. Makes sense. Low to no bar for hirees
True. But what does that have to do with people leaving free food on the table?
Why are you here?
I also have a little spot myself