Dine and Dash. It happens.
A group of teens come in, they receive great service, great food. Then leave. Without paying their bill!
A customer is unhappy with their meal, although the server did their best to correct the issue. Still left. Without paying their bill!
Who then is responsible for paying that bill? The server or the employer?
According to the NM Department of Workforce Solutions website, “No deduction can be made except appropriate state, federal, and social security taxes without a written authorization from the employee or a court order. In all cases, the employee must receive the minimum wage.”
When our office called the NM Dept of Workforce Solutions and spoke to the Legal Advisor, we were told that unless there was a specific signed document, then an employer may not deduct the “walk out” ticket. If the employer has a policy that the employee is aware and has signed, in the employee file that states that the employer will deduct walk out tickets from the employee’s pay, then the employer can deduct from the wages as long as the employee still makes minimum wage.
Feel free to contact NMRA with any questions or concerns.
“Preventing Dine and Dash at Your Restaurant” by LAVU, an NMRA Endorsed Provider.