Tag Archives: FLSA

TGI Friday’s Hit With Lawsuit For Tip Theft, Minimum Wage, and Other Labor Law Violations

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TGI Friday’s was hit with a lawsuit by its servers for violations of state and federal wage payment laws.  According to the lawyers for the workers, which include current and former servers, bussers, runners, bartenders, barbacks, hosts, and other tipped workers, the restaurant chain faces a national class action lawsuit as a result of the alleged violations of workers’ rights.

The Complaint, which was filed in federal court by four former TGI Friday’s workers from the New York metro area, alleges that the restaurant required tipped workers to arrive at work before their scheduled start time and to stay at work after the restaurant closed without receiving the minimum wages and overtime to which they were entitled under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).

In addition, the workers allege that the restaurant shaved hours from employee time records and allowed employees to work off-the-clock to perform side work such as cleaning the restaurant, preparing food in bulk for customers, cutting produce, refilling condiments, and stocking and replenishing the bar and service areas.

The lawsuit seeks to recover minimum wages, overtime compensation, spread-of-hours pay, misappropriated tips, uniform-related expenses, unlawful deductions, and other wages for current and former workers at TGI Friday’s restaurants throughout the nation owned and/or operated by Carrollton, Texas-based Carlson Restaurants Inc., Carlson Restaurants Worldwide Inc., and TGI Friday’s Inc. nationwide.

Cooks and Dishwashers at Planet Wings Sue For Minimum Wage and Overtime Pay

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Cooks and dishwashers have sued Planet Wings restaurants located in New York for minimum wage, overtime, and spread of hours violations.  According to the Complaint filed by attorneys for the workers in New York federal court, the popular wings restaurant paid its employees a weekly salary of $480 per week for 75 hours of work, which equaled an hourly rate below the minimum wage rate required by law, and failed to pay for overtime hours worked over 40.

Fresh Direct Delivery Workers Sue for Unpaid Wages, Overtime, and Gratuities

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Delivery workers for Fresh Direct, an online food and grocery retailer, have sued for unpaid wages and violations of the overtime provisions of the Fair Labor Standards Act (“FLSA”) and New York Labor Law.  According to the Complaint filed in Manhattan federal court by the delivery workers, Fresh Direct misled its customers in believing that the delivery charge it imposes on customers is a gratuity.  Attorneys for the delivery workers claim that the company’s acceptance and retention of gratuities belonging to the delivery workers violate the New York Labor Law.

TGI Friday’s Settles Waiter Lawsuit for $2.8 Million Dollars

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A $2.856 million dollar settlement between ten TGI Friday’s restaurants in New York owned by the Riese Organization, and its waitstaff, has been approved by a New York federal court judge.

The class action lawsuit, which was filed by the workers in 2012, alleged that TGI Friday’s failed to properly pay its tipped workers, including its servers, bussers, runners, bartenders, and barbacks.  In particular, the restaurant workers alleged that the restaurants did not pay their employees minimum wage or proper overtime compensation, failed to pay spread-of-hours pay or call-in pay, made unlawful deductions, encouraged workers to work “off the clock” when performing side-work, and engaged in other violations of the restaurant workers’ rights under the Fair Labor Standards Act and the New York Labor Law.

This settlement, which was approved by Judge Richard Sullivan on March 7, 2014, will provide back pay and damages for waiters, waitresses, and other waitstaff who worked between November 20, 2006 through June 30, 2013 at the TGI Friday’s restaurants in Manhattan.  Approximately 2,600 employees are covered by the settlement.

McDonald’s Restaurants Sued for Wage Theft

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McDonald’s was hit with seven lawsuits by workers in California, Michigan, and New York, who claimed that the company and some franchise owners failed to pay the employees for all hours worked, failed to pay them overtime, shaved their hours from their time cards, and ordered them to work “off the clock.”

In California, lawsuits were filed against area restaurants, including one filed against 100 McDonald’s owned and operated by the company itself.  In Michigan, attorneys for the workers allege that fast food restaurants told their employees to show up for work, but only paid them after having them wait an hour or two for more customers to arrive.  The New York lawsuit alleges that McDonald’s failed to reimburse its staff for the laundering and maintenance of their uniforms, or the time spent doing so, even though the restaurant provided them with only one uniform and required a clean uniform to be worn each day.  Because of these and other worker rights violations, the lawyers for the restaurant workers are seeking reimbursement for unpaid wages, liquidated damages, and other relief.

These lawsuits come on the heels of several strikes organized in New York to pressure McDonald’s and other fast-food restaurants to increase the minimum wage.

Philadelphia Newspapers Give Shout Out to Waiterpay.com

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The Philadelphia Inquirer and the Philadelphia Daily News have recognized waiterpay.com in their recent coverage on the record $8.5 million settlement with Chickie’s & Pete’s restaurants.

Chickie’s & Pete’s Tip Lawsuits Settle for $8.5 Million

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Chickie’s & Pete’s, widely recognized as the best sports bar in America, has reached a proposed settlement regarding the company’s pay practices for its tipped employees. The restaurants will pay approximately $6.6 million to more than 1,100 employees who worked at 12 different locations throughout the region over the last three years, in accordance with a settlement with the Department of Labor. At the same time, the restaurants reached a $1.68 million settlement with approximately 90 current and former employees who filed federal lawsuits that included many of the same allegations raised in the Department of Labor matter. The settlement is an excellent outcome for Chickie’s & Pete’s employees and for the company, and this recovery represents Pete Ciarrocchi’s good faith efforts to make his workers whole. Louis Pechman, founder of waiterpay.com, was the lead attorney for the waiters, waitresses, and bartenders in the federal lawsuit.

Chickie’s & Pete’s is by no means the first restaurant company to face scrutiny of its tipped employee pay practices. Many restaurant operators across the country have faced similar issues relating to tip pools and tip credits. In fact, hundreds of restaurant operators across the country – ranging from mom-and-pop operations to industry giants like Mario Batali (who in 2012 reached a $5.25 million settlement), Bobby Flay, Outback Steakhouse, and Darden Restaurants (owners of Olive Garden, LongHorn Steakhouse and Red Lobster) – have been subjected to allegations challenging their compliance with federal and state law rules regarding “tip pools” and “tip credits.”

Domino’s Delivery Workers Receive $1.3 Million Settlement for Wage Theft Violations

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Delivery workers who were cheated out of their minimum wage and overtime pay by a Domino’s pizza shop in Manhattan will share in a $1.28 million settlement.  Sixty-one workers will receive back pay and damages, each receiving awards between $400 and $61,300 depending on how long they worked at Domino’s.

The lawsuit against the Domino’s pizza shop, located at East 89th Street, claimed violations of the Fair Labor Standards Act (FLSA) and New York wage law.  Attorneys for the delivery workers alleged that the delivery workers were paid on a “tipped minimum wage” even though they did untipped work such as cleaning ovens and floors or distributing flyers.  The lawsuit recovered minimum wage, overtime, and liquidated damages for the workers.

Waiters Get Prime Cut of $446,000 Wage Settlement From Wolfgang’s Steakhouse

Wolfgang’s Steakhouse, rated as one of the best steakhouses in New York City, will pay its current and former waitstaff $446,500 to resolve claims that the restaurant committed wage violations and engaged in improper pay practices.

United States District Court Judge Analisa Torres issued a judgment approving the settlement agreement between Wolfgang’s Steakhouse and current and former tipped employees of the restaurants which reimburses the workers for violations of waiters rights under the federal Fair Labor Standards Act (FLSA) and New York Labor Law.  The lawsuit, which was brought as a class action on behalf of servers, bartenders, bar-backs, and coat check employees, alleged that the restaurant failed to properly pay its workers for all hours worked, overtime, spread of hours pay, failed to reimburse their workers for the cost of their uniforms, and misappropriated tips.

The settlement with the restaurant covers 130 servers who worked at Wolfgang’s Park Avenue and Tribeca locations between February 9, 2009 and December 16, 2013 and provides payment for the restaurant workers’ attorneys.

Restaurant Worker Rights Group Is Accused of Misconduct

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Restaurant Opportunities Center (ROC), a restaurant worker rights advocacy group has been accused of misconduct.  In an opinion piece published in the New York Post, Mike Paranzing accused the ROC of being a labor union front that doesn’t practice what it preaches.  Acccording to Paranzing, ROC exploited its own workers and cheated its employees at the restaurant Colors, and is guilty of the same labor abuses and health violations that it has leveled against other restaurants.