Bartenders and servers at New York and Florida locations of Ruby Tuesday have sued the restaurant for unpaid wages, unpaid overtime, unpaid spread-of-hours, and for requiring bartenders to make up cash shortages in the tip pool allocation between servers and food runners, hosts, and bartenders.
The tipped employees allege in their Class Action Complaint, filed in New York federal court on April 17, 2012, that they were forced to work off the clock and not paid for the actual hours they worked. They assert the restaurant only allowed employees to clock-in once customers arrived, and then required them to clock-out after the last customers left, even though they were required to work before and after these times. The employees claim that as a result they were not paid minimum wage for the actual hours they worked and did not receive overtime pay for hours worked over 40 per week. The workers also claim that they did not receive spread-of-hours pay, or an extra hour’s wage for every shift over 10 hours. Additionally, Ruby Tuesday is accused of improperly deducting money from the tips of the bartenders by requiring them to use their own tips to make up for any differences in the tip-out process between the servers and hosts, food runners, and bartenders.
The servers in the case are asking for compensation for unpaid wages with interest, liquidated damages, unpaid overtime, unpaid spread-of-hours, reimbursement for money taken from the bartenders in the tip-out process, and attorneys’ fees and costs.