BY: Charles Ash, IV | IN: Class Action & Commercial Litigation, Employment Law, Unpaid Wages & Overtime
A class action was recently filed alleging that Landry’s – owner of large restaurant chains including Bubba Gump Shrimp Co., Rainforest Café, and Morton’s Steakhouse (and other recognized names) – has been unlawfully withholding compensation from tipped employees in violation of the federal Fair Labor Standards Act. In particular, servers, waitstaff, bartenders, and hostesses from Landry’s McCormick & Schmick’s restaurants claim they were denied compensation by way of improper deductions from tips and improper tip pooling.
This type of compensation abuse is not new. In July 2013, the U.S. Department of Labor’s Wage & Hour Division issued Fact Sheet #15, in which it alerted tipped employees of certain abuses prevalent in the service industry. In particular, the publication specifically condemns employer practices of not paying tipped employees all of their tips or requiring them to pool their tips with non-tipped employees:
Attorneys from the law firm of Sommers Schwartz, P.C. are investigating the reports that Landry’s restaurants improperly withheld overtime pay in direct violation of federal and state employment laws. These claims are similar to allegations made in class action lawsuits brought by the firm on behalf of tipped employees working for Darden Restaurants.
If you worked as a tipped employee by a Landry’s restaurant in the U.S. at any time during the past three years, please contact us today – we will help you determine if your rights were violated and if you may be owed unpaid wages.
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Charles R. Ash, IV is a Shareholder in Sommers Schwartz’s Complex Litigation groups. A substantial portion of Rob’s practice is devoted to collective and class actions arising under the Fair Labor Standards Act (FLSA) and similar state laws.