It seems like a simple question, but the answer is a gray area here in Texas.

Is it legal for restaurant owners/managers to dock a server's tips when a customer leaves without paying? Yes and no. It depends on a few things.

But First- Is It A Good Idea?

Is it a good idea for managers or owners to dock a server's pay in the instance of a walked tip? Sure, the establishment will recoup all or part of what was likely a large bill, but implementing this practice is far from worth it.

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Servers are not bouncers, and a server physically stopping a person from walking their tip can cause a huge liability for the server and the restaurant. If the server hurts the customer, the establishment could be sued.

The server could also sue the restaurant if they end up hurt, and it does happen.

A waitress was pushed into a lake this year following a group of people who walked their tab. Other servers have been struck by vehicles.

It also creates a tense work environment and potentially bad press for the eatery. If I know a restaurant implements this practice, I will not go there to eat.

When Is It Legal?

There are two conditions in which it is legal for a restaurant to dock a server's tips to cover a walked tab.

•  The server signed an agreement to potentially have their tips docked upon being hired.

•  Docking the tips does not cause the server to go below minimum wage. This is a federal law. 

What's A Better Solution?

The best solution is to call the police, as this owner did. You can tell he doesn't hate the publicity from the news report either. The chocolate cake looks amazing.

Having cameras and catching the license plate is also a really good idea. Cameras inside a restaurant are also good for catching in-house theft and are ideal for insurance purposes, too.

Instead of punishing the server, the person stealing both food and service is punished. That's fair, and it will likely prevent others from doing it too.

Also, note in the above video, that the owner handled it himself. He didn't make the server handle the awkward or potentially dangerous encounter. And that's how it should be.