united-states restaurants
What is the legal basis for making servers pay for customers who walk out?
<p>In the US, different states have different laws regarding customers who leave without paying the bill, aka &quot;Dine and Dash.&quot;</p>
<p>Some states allow for a restaurant to dock a server's pay, when a customer leaves without paying.  However, I dont understand how a server is responsible for the actions of a customer.  I cant think of any reason why a server would be considered negligent or how they would be in any way responsible for a customer walking out while they were doing their job, like paying attention to different customers, getting food, or any of the many other reasons the server would not be watching their customers.</p>
<p>So I am asking, what is the legal basis for a law allowing restaurants to make servers pay for dine and dashers?</p>

<p>Unless it is prohibited by law in some state (such as California), a server's employment contract can have a clause holding the server responsible for an unpaid tab. Even in lieu of such a clause, since in most states employment is at-will, the employee can be fired if they do not do as told. There is a limit to the effect that their wage cannot be reduced below minimum wage.</p>
<p>The question of the political rationale of this practice is outside the scope of law, but there are some legal factors that can lead to getting compensation from a server, even if pay-docking is prohibited. If a server intentionally colludes with a dine-and-hash customer, the server is liable. The server might also be negligent, for example they may have failed to notify management of evidence of an impending dine-and-dash such as overhearing a conversation, or watching the customers trickle out; or, disappearing for an unreasonable time for a smoke break (leaving the table unattended). Liability requires a lawsuit where the court decides if the server should pay.</p>
