A restaurant server on TikTok has sparked discussion after claiming that she was forced to pay part of a customer’s bill after their card declined and they walked out.
In a video with over 633,000 views, TikTok user Audrey (@meow.ak47) explains the situation.
“A big [fuck] you to the people who walked $300 worth of food and alcohol and the card declined and I had to pay part of their bill since I was your server,” she writes in the text overlaying the video. “Not only did I lose a $55 tip I lost $70 of my own money because of y’all.”
“Treat your servers better and don’t order shit you can’t afford,” she concludes.
@meow.ak47 thank u so much to these a$$holes. I hope karma is a b!tch to you. #serverlife #server #serverproblems #servertiktok ♬ I try not to km.. – h
In the comments section, many users claimed that being forced to pay a customer’s bill, even in part, is against the law.
“It’s against the law to make servers pay for declined cards or walkouts,” wrote a user.
“Hope the manager gets fired cause it’s illegal to syphon pay,” stated a second.
“Depending on the state you live in you can sue the restaurant for that,” alleged a third.
So what’s the legal truth of the situation? According to Slate, the situation is a bit complicated.
“On a federal level, this type of wage deduction isn’t roundly prohibited by the Fair Labor Standards Act, the law that establishes minimum-wage and other employment standards,” writes author Luke O’Neil. “The FLSA generally prevents employers from taking servers’ tips, and it prohibits wage deductions for walkouts when an employer claims the maximum tip credit or when such deductions bring a worker’s net earnings below minimum wage.”
In short, if the employer is taking a tip credit that allows them to pay below the federal minimum wage of $7.25 an hour, deductions are usually only illegal on a federal level if it brings a server’s hourly wages below $7.25.
That said, numerous states have laws on the books that prevent employers from being able to do this. O’Neil writes that such laws exist in Massachusetts, New York, and California.
Audrey later posted a follow-up video to explain her situation.
@meow.ak47 Replying to @selfdefenestration ♬ original sound – audrey
In this video, Audrey says that she has just moved to a new state and isn’t familiar with its labor laws. Furthermore, she says that she likes her job and the people she works with and is content with the amount of money she makes. She also says that she does not plan on quitting the job as a result of this incident.
“I cannot afford to just quit my job and not have another one lined up,” she details. “I literally cannot afford to do that right now.”
She also said she planned to talk with her manager about the situation.
Regardless of the legality of the situation, many users in the comment section noted that it’s important for workers to know their rights in the workplace.
“You look young and I know it can be tough but knowing your labor rights and advocating for yourself are important,” shared a commenter.
The Daily Dot reached out to Audrey via Instagram direct message.
