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Posted: 2024-03-25T16:07:30Z | Updated: 2024-03-25T16:07:30Z

A union thats organizing Waffle House workers filed a petition with the Labor Department on Monday, asking federal officials to investigate the iconic chains policy of deducting mandatory meal costs from workers paychecks.

Waffle House takes at least $3 for each on-shift meal out of workers pay, whether they end up eating it or not, according to the petition from the Union of Southern Service Workers. The USSW called it especially alarming since many workers are paid a tipped sub-minimum wage as low as $2.90 per hour, not including gratuities.

Three workers at a restaurant in Georgia walked off the job Monday for a one-day strike in protest of the policy, the union said.

The group said that many workers dont have the time or desire to eat off the Waffle House menu every shift and that they often end up working through what should be their breaks.

Waffle House is deducting their workers wages for meals that are ultimately being sold to customers at retail price, the petition states.

Waffle House did not respond to a request for comment.

It is generally legal for employers to deduct the cost of employee meals, but they must be provided at cost and not at a profit to the company. A charge of $3 would be below the Waffle House menu price, but high if the meal isnt eaten.

The union asked the Labor Departments wage and hour division to determine the actual cost of the meal and whether Waffle House is overcharging employees.

Waffle House gets enough money out of us.

- Cindy Smith, Georgia Waffle House worker

Cindy Smith, a server at a Waffle House in Conyers, Georgia, told HuffPost she usually doesnt eat the meal shes charged for. She typically works 30 to 40 hours a week and sees $12 to $15 taken out of her pay for the food, according to the unions petition.

Smith said she and two other employees at her restaurant notified their manager on Monday that they were striking for the day. She said they walked out at 10 a.m. in the middle of their shift.

Why am I paying for food Im not eating? asked Smith, 50, who publicly protested the policy in the fall. Waffle House gets enough money out of us.

Smith said workers must pay full price if they want to take the meal to go, a policy listed in a portion of a Waffle House manual obtained by the union. She also said workers are charged extra for premium meats like steaks and pork chops.