Is this legal for my employer to do, regarding making employees pay for errors?

Question

I work at a bar, and apparently voids are getting pretty high. So, he has informed the bar and server staff that they have to pay for their own mistakes. Meaning, if someone wants sauce on the side and the server accidentally enters in sauce on the food item, the server has to pay for that item. However, if the mistake is not server error then they don't have to pay.

But, if the kitchen staff misreads a ticket and messes up, the item is voided and they are not charged.

I was wondering if: the restaurant can make employees pay for their mistakes.

And

Can they only make certain employees pay when they make mistakes, but not others?

I'm not too worried about it, it's my 2nd job and if that happens to me I'll find a new 2nd job. But it did get me thinking of the legallity of it. It seems like they are calling out only servers and not kitchen staff.

Also, don't they have to prove the server made the error, either by admission or by evidence (cameras; customer word), before making them pay for their mistake, or can they use management opinion?

It's in VA by the way.

Answer 1

In Virginia they cannot deduct the losses from your pay, though they may be able to bill you for them.  

Answer 2

I believe they can, but it would have to be done to everyone, or everyone of a certain job title. Lets say that one person didn't get charged, then you would have a discrimination act on their hands because they are charging one person but not the other. But if everyone does, i'm sure they can.  

Answer 3

In some states they can and do; but I can't find anything on the DOL webpage for VA. I'd call the National Labor relations board office locally; they will know for certain.