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Required To Pay For An Unpaid Delivery

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LOCATION: Indiana.

I work for a pizza place and today for the first time ever, I mistakenly did not collect the cash on delivery as the delivery instructions stated to leave it at their workplace in the common lunch area. I deliver to this place all the time, and nobody is ever in this area. Naturally I assumed like all the other deliveries, (probably over 100 i've done) it was already paid. This one was not... for the first time ever.

I did not realize my mistake until closing and was then required to pay the amount out of the cash that I had from other orders. I can provide all the math if needed, but basically I left with less money than what I should've earned in tips from credit card tips + my cash tips. I left with $32, and it should've been $77.

Is this even legal? The manager on duty agreed with me that it was BS, but the GM stated that it was my responsibility so I have to eat the cost. I gave the manager on duty the money but verbally stated that I am doing so under protest. I have not spoken with the franchise owner yet, as I have no way of contacting them other than through the GM.

I did find that Indiana FLSA law states:

"The Department published a final rule, “Tip Regulations Under the Fair Labor Standards Act (FLSA)” (2020 Tip Rule), on December 30, 2020 (See 85 FR 86756). The parts of this rule which became effective on April 30, 2021, provide:

an employer cannot keep employees’ tips under any circumstances; managers and supervisors also may not keep tips received by employees, including through tip pools;"

I am of course referring to the specific sentence "an employer cannot keep employees’ tips under any circumstances;"

Sorry to be long winded, just wanted to be thorough.

submitted by /u/No-Action-4804
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