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California and Bakersfield restaurant merchants-A touchscreen POS can reduce errors and help merchants stay in compliance with California labor laws.

February 10, 2013

A recent article from the California Restaurant Association provides another great reason for restaurant-bar-nightclub merchants in California to have good (point-of sale) POS systems in their establishments, regarding the costs and legal issues that may arise with making staff pay for missing items left off of a customer's ticket. 

Similar laws may be in place for other states, so for merchants out of California, please check with your respective state or legal professionals regarding your laws, when it comes to having staff pay for missing items left off of customer's tickets.

Below is the discussion concerning California's labor laws that strictly prohibit making staff pay for items left off of customer's tickets, and what remedies may be available for merchants.

 

Question: A server forgot to charge some patrons for wine they ordered and drank. He called them to ask if he could charge their card and they said no. Is the server responsible for paying the bill?

Answer: Alden J. Parker, an attorney with Weintraub and Tobin in Sacramento, CA, offers these insights:
This situation is common in the restaurant industry and in other service sectors.

In a a fast-paced restaurant environment, an item can often not end up on a bill. Additionally, a customer can forget to pay for a billable item, refuse to pay or dispute a charge. In most situations, an operator doesn't want to alienate or hassle the customer to ask for additional charges to be levied against them for an honest mistake. This causes many employers to look to the employee to take responsibility for the financial loss.

In California, it is illegal to garnish an employee's wages to pay for these losses. If the employee made an innocent mistake in not charging for a bill item, the company has no recourse in claiming the loss.

However, if the company can prove that there was malicious intent in leaving items off of the bill, there could be some options for the employer to collect the loss.

In most instances, though, the employer must suffer the loss due to strict labor code statutes in the state.

Article Courtesy of the California Restaurant Association Jan 24, 2013.  www.calrest.org/newsroom              

 

Additional feedback from other labor attorneys in California stated that, 'it is unlawful, in California, for employers to charge employees with a business loss, unless it can be shown that the loss was caused by the employee's gross negligence.'

 

Our Harbortouch Free touchscreen POS systems will speed up server performance, reduce errors, reduce waste, reduce “freebies”, and reduce walk-outs!  The Harbortouch Free POS program will also allow the owner to accurately track tickets, orders and mistakes, with drill down reporting of the server, shift, time of day, time of order, time of printing guest check, to the time of reporting a walk-out.  Additionally, Harbortouch's Free POS program reporting functionality is a great management tool to have, when it comes to server performance, helping managers in cases where a server needs to be reprimanded, and if no server improvement, then let go.

Happy selling to all of our Hospitality merchants in California and our other states of the great USA from freepospros.com .  Please email info@freepospros.com for a LIVE merchant demonstration, or to get your application for our Harbortouch Free POS program started today!  Call 1-888-834-2561 #101 for more information.

Thank you. ©2013 FreePOSPros.com

 

 

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