Are these wage deductions legal?

[han]

I am a college student who works part time waiting tables. My boss has just implimented a new policy that when anything gets screwed up (ringing in the wrong order, misunderstanding the guest ect.), we as servers need to take responsiability and purchase the food ourselves (even though we don't get to eat the mess-up food, it has to be thrown out), which would nornally be comped off and taken care of by the resturant. I can understand where he is coming from as far as making everyone accountable for their mistakes, however for someone like myself who in the past year has only had a few mistakes that needed to be comped I think this policy is a little excessive.

On the Michigan website if found the labor deduction laws, and this is how it reads:

"Except for deductions required by law or permitted by statute (income taxes, social security, garnishments) or a collective bargaining agreement, a written voluntary consent is required for deductions made from an employee's wages."

Not sure how familair everyone is with how servers get paid, so I'll give you the run down. In Michigan we are paid $2.65/hour by our empolyers, and the rest we make-up in tips. The majority, if not all of that $2.65 goes towards paying taxes, so I litterally live off my tips. As my tips are my form of compensation, I would think that requiring us to pay for mess-up items (a deduction from my salary), would be going aganist the law.

[berwin]

the deduction is legal only if you agree to it without coercion.
the agreement for the deduction must be in writing, voluntary, and there must be an agreement for each instance (the employer can NOT have a blanket policy stating you agree to this in advance).
the deduction can NOT take your pay below minimum wage for the hours worked.
so your reported tips and cash wage must exceed the minimum wage by at least the amount of the deduction..........

what this employer is attempting to implement and the way they are attempting to implement this is ILLEGAL under Michigan law.

http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-83344--,00.html

[gilleabart]

the deduction is legal only if you agree to it without coercion.
the agreement for the deduction must be in writing, voluntary, and there must be an agreement for each instance (the employer can NOT have a blanket policy stating you agree to this in advance).
the deduction can NOT take your pay below minimum wage for the hours worked.
so your reported tips and cash wage must exceed the minimum wage by at least the amount of the deduction..........

what this employer is attempting to implement and the way they are attempting to implement this is ILLEGAL under Michigan law.

http://www.michigan.gov/dleg/0,1607,7-154-27673_32352-83344--,00.html

It may or may not be legal but all you can get" is fired" by complaining about it. He has a basis for firing you if you mess up orders.

[dallen47]

if it cost him, and you mess up, then yes, he can deduct it from your check and that is legal..