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Tip Credit

This National Waiters and Waitresses Day Know Your Rights!

Today is National Waiters and Waitresses Day. Check out our blog featured in the Huffington Post!

Servers and Bartenders Sue The Park Restaurant For Overtime and Tip Theft

Three longtime servers and bartenders are suing the Park restaurant, a Chelsea hotspot, for paying them incorrectly.  The suit was filed this week as a class action. The workers allege that the Park did not pay them proper overtime, misappropriated their tips and ...

Restaurant Delivery Workers at Chop’t Restaurants Sue For Labor Violations

Delivery workers at Chop’t restaurants claim that their rights have been violated by the popular chopped salad restaurant which has ten locations in New York City. According to the lawsuit filed by the delivery workers, the Chop’t restaurants failed to pay the delivery workers minimum ...

Philippe Restaurants Hit With Overtime and Tip Skimming Class Action

Philippe restaurants on Long Island and Manhattan have been hit with a class action lawsuit by servers and bartenders who complain that they have been denied minimum wage and overtime pay and that the restaurants improperly took a tip credit under the ...

Chickie’s & Pete’s Restaurant Lawsuit Expands to All Pennsylvania/New Jersey Locations

The minimum wage and overtime lawsuit against Chickie’s & Pete’s has been expanded to include all of its restaurant locations in Pennsylvania and New Jersey. The filing of the Amended Complaint was reported in CBS Philadelphia and Metro ...

Program on “How to Handle a Wage and Hour Case” at NYCLA

A program on “How to Handle a Wage and Hour Case” will be held at the New York County Lawyers’ Association on January 31, 2013. Faculty for the program are Terri Gerstein, the Labor Bureau Chief, New York State Attorney General’s Office; Justin Swartz, attorney with Outten & Golden LLP; and Noel Tripp, attorney ...

Chickie’s & Pete’s Restaurants Accused of Violating Waiter Rights

Chickie's & Pete's restaurants in Philadelphia, voted the best sports bar in the United States in an ESPN poll, has been accused of violating waitersrights in a lawsuit filed in federal court by waiterpay founder Louis Pechman and attorney Mitchell Schley. The ...

Shun Lee Restaurant Hit with Overtime and Minimum Wage Lawsuit

A former waiter and bartender at Shun Lee Palace Restaurant has filed a class action case for minimum wage and overtime. The lawsuit filed by Johkie Lee in the Southern District of New York alleged that he, along with the other bartenders, waiters ...

Landmark Decisions for Waiters’ Rights in Batali and Pier Sixty Cases

On September 13, New York federal court Magistrate Judge Ronald L. Ellis approved a $5.25 million dollar settlement between current and former tipped service workers and Mario Batali’s eight New York City restaurants: Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and ...

Capital Grille, Longhorn Steakhouse, Olive Garden and Red Lobster Sued In Class Action for Unpaid Wages and Overtime

Darden Restaurants, Inc. and its subsidiaries have been sued in Florida for minimum wage, overtime, and other pay violations.  Darden owns approximately 1,900 restaurants across the United States, including The Capital Grille, Longhorn Steakhouse, Olive Garden and Red Lobster. In a Complaint filed ...

Chef Daniel Boulud’s Restaurants Accused of Violating Waiters’ Rights

Renowned Chef Daniel Boulud, whose restaurants have been recognized as the best in New York, has been sued by a former employee for allegedly violating New York and federal wage and overtime laws ...

New York City Japanese Restaurant Ordered To Pay Waitstaff $1.25 Million Dollars for Tip Credit, Minimum Wage, and Overtime Violations

Five New York City locations of the East Japanese Restaurant have agreed to pay ­$1.25 million dollars to approximately 225 current and former waiters, runners, and bussers to settle a wage and hour lawsuit that alleged tip credit, minimum wage, overtime, and ...

Philippe Restaurant Sued For Tip and Overtime Violations

Philippe Restaurant, an upscale Chinese restaurant owned by Philippe Chow, has been hit with a class action lawsuit alleging that the restaurant failed to pay servers at its New York City, East Hampton, Miami, and Los Angeles locations, the applicable minimum wage and ...

Department of Labor’s “Tip Credit” Regulation Upheld by Federal Court

A challenge to the United States Department of Labor’s final rule on “tip credit” for restaurant employees has been rejected by a federal court. In National Restaurant Association v. Solis, Judge Amy Berman Jackson’s May 29, 2012 Decision held that the Department of Labor’s “tip credit” rule was properly enacted. The Fair Labor Standards ...

Ruby Tuesday Restaurants Sued For Not Paying Employees Regular Wages or Overtime

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 ...

Celebrity Chef Graham Elliot Sued for Minimum Wage and Tip Pooling Violations

A former waiter for “Graham Elliot,” a popular Chicago restaurant owned by Celebrity Chef Graham Elliot, claims that the restaurant maintained an illegal tip pool which included cooks and food runners, positions which do not customarily receive tips. According to the Complaint, ...

Wheatfields Lawsuit Featured on KETV Omaha

An overtime and minimum wage case against Wheatfields Restaurant in Omaha, Nebraska was recently featured on KETV Omaha.  Waiterpay founder Louis Pechman and Nebraska attorney Kelly Brandon are representing the servers in this litigation. The lawsuit alleges that the restaurant ...

Batali Restaurants to Pay $5.25 Million to Settle Wage Claims

Tipped service workers at Mario Batali’s eight New York City restaurants, including Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge, have settled their wage and hour class and collective action for $5,250,000, according to a stipulation filed in ...

Delivery Worker Issues Highlighted in New York Times Article

A recent article in the New York Times, Speed, Tips and Fear on Wheels, detailed the difficult working conditions of restaurant delivery workers in New York. There happen to be very specific requirements under the federal Fair Labor Standards Act (FLSA) and the New York State Labor Law as to how delivery persons ...

New York City Restaurant and Nightclub To Pay $200,000 For Retaliation and Illegal Labor Practices

New York Attorney General Eric T. Schneiderman yesterday announced the resolution of an investigation of Veranda, a restaurant and lounge in Manhattan that underpaid approximately 25 workers and terminated two employees who questioned the company’s illegal pay practices. As part of the settlement with ...