Dear Helaine: Earlier this week, I met one of my gal pals for lunch at a restaurant near my home. As the waiter cleaned the table, a plate slipped and sauce spilled on my friend’s dress.
She decided to ask for a credit on our check since she planned to take the outfit to a dry cleaner. The waiter didn’t want to do it, but she insisted. At one point as she spoke, I thought I heard him say, “The owner will take this out of my pay.” She kept talking, and I don’t think she heard. I didn’t know what to say, so I said nothing.
When the check came, I added the $10 discount to my tip and didn’t say anything to anyone. Now I am wondering if I can ask my friend for the money back. What would you do?
— Dining Blues
Dear Dining Blues: Whether it’s legal or not for the restaurant to take the money out of the waiter’s pay depends on how they are paid. It’s absolutely a legal no-no if it will bring the waiter’s earnings below the state minimum wage. Tips are also mostly off-limits. As a result, it’s very hard for a restaurant owner to do this and remain on the right side of the law. That doesn’t mean it doesn’t happen — it does, and much too often. Restaurants ding waiters and other staff for everything from broken dishes to customers who skip out without paying the bill.
