Asked in Employment Law for Arizona

Q: In Arizona, is it legal to make a server pay for unpaid bills from walk-outs?

In situations where it's not due to gross negligence nor is it intentional can servers be forced to pay? Assuming there is no written consent, when can servers be held financially responsible?

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1 Lawyer Answer

A: Under the Fair Labor Standards Act, it is unlawful for your employer to deduct unpaid bills from your pay (or otherwise reduce your pay) if this would result in your hourly wage falling below minimum wage. If your server hourly rate + tips does not equal at least your state's minimum wage per hour, then this is a violation.

Stephen M Vincent agrees with this answer

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