A union representing Waffle House workers has taken action against the iconic chain’s policy of deducting mandatory meal costs from workers’ paychecks. The Union of Southern Service Workers (USSW) filed a petition with the Labor Department, alleging that Waffle House takes at least $3 for each on-shift meal out of workers’ pay, regardless of whether they consume it or not. This practice is particularly concerning as many workers are paid a tipped sub-minimum wage as low as $2.90 per hour, excluding gratuities.

The petition comes after three workers at a Georgia restaurant staged a one-day strike in protest of the policy. The USSW emphasized that many workers do not have the time or inclination to eat off the Waffle House menu every shift and often end up working through their breaks.

The petition states, ‘Waffle House is deducting their workers’ wages for meals that are ultimately being sold to customers at retail price.’ Despite the union’s efforts, Waffle House did not provide a comment on the matter.

While it is generally legal for employers to deduct the cost of employee meals, they must be provided ‘at cost’ and not at a profit to the company. The union is urging the Labor Department’s wage and hour division to determine the ‘actual cost’ of the meal and investigate whether Waffle House is overcharging its employees.

Cindy Smith, a server at a Waffle House in Conyers, Georgia, expressed her dissatisfaction, stating, ‘Waffle House gets enough money out of us.’ She revealed that she usually doesn’t eat the meal she’s charged for, despite working 30 to 40 hours a week.