Popular chain restaurants such as the Cheesecake Factory and Grand Lux Café are facing a potential class action lawsuit for allegedly violating the Minimum Wage Laws and the Fair Labors Standards Act. These restaurants paid their tipped employees below minimum wage when they required them to spend large amounts of their shift performing non-tipped work, such as custodial and maintenance work.

Servers, bartenders, busboys, hosts, and other types of tipped employees in restaurants receive below minimum wage rates because they are likely to be paid in tips. When a restaurant requires those employees to spend more than 20% of their job performing maintenance or custodial work, such as sweeping or stocking supplies, they must pay them minimum wage for their time. In addition, when tipped employees perform opening or closing duties, that time should be paid at the minimum wage rate.

The Cheesecake Factory and the Grand Lux Café have a longstanding policy of requiring tipped employees to perform more than their fair share of non-tipped work, as well as open and close their shift with no chance of receiving tips. Types of non-tipped work includes, but is not limited to:

• Dusting
• Sweeping
• Dishwashing
• Stocking supplies
• Cleaning or fixing machinery
• Opening or closing shift
• Attending meetings
• Lining baskets or trays
• Cleaning bathrooms
• Taking out trash
• Rolling silverware

Employment laws are clear when it comes to tipped employees and their rate of pay. If a Cheesecake Factory or Grand Lux Café tipped employee is paid below the minimum wage, then that employee is not to be required to spend more than 20% of their shift performing non-tipped work. To do so is a direct violation of employment laws.

Tipped workers who are employed or who have been employed at the Cheesecake Factory or Grand Lux Café should contact an experienced Philadelphia employment lawyer today. You may be eligible to take part in a class action lawsuit and receive additional compensation. Tipped employees have rights to receive a fair wage and when restaurants and managers violate those rights-employees need a law firm on their side who will stand up for their rights.

National Employment Lawyers

If you work or have worked at a restaurant, such the Cheesecake Factory or Grand Lux Café, and were required to perform excessive amounts of non-tipped work during your shift, you may be eligible for compensation. To learn more about your legal options or to schedule a free consultation call the experienced employment lawyers at Golomb & Honik today at 1-800-355-3300 or 1-215-985-9177 or fill out our confidential Contact Form.

The national employment lawyers at Golomb & Honik have successfully represented individuals in Philadelphia, Pennsylvania, New Jersey, and throughout the United States.