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