Server Files Suit Against Strip Steakhouse for Wage Theft
Markovits, Stock, & DeMarco has filed a class action lawsuit in the Northern District of Ohio on behalf of employees at Strip Steakhouse. Strip Steakhouse is a popular, upscale dining restaurant located just outside of Cleveland.
About the Strip Steakhouse Lawsuit
In the Complaint, the plaintiff-server alleges that Strip Steakhouse failed to pay her and others at the restaurant a proper minimum wage in three distinct ways: (1) Defendants took improper deductions from the biweekly paycheck of employees that went to Defendants’ operating costs, including silverware and dishes; (2) Defendants required servers to work “on call” shifts, during which they were paid a tipped wage rate but were not permitted to complete any tip-generating activities; and (3) Defendants failed to provide notice to tipped employees, as required by federal law, of their attempt to take a “tip credit” for a portion of the tipped employees’ wages.
The plaintiff seeks to recover unpaid wages on behalf of herself and all other employees at Strip Steakhouse who were subject to the same or similar violations. Specifically, she seeks to recover the “tip credit differential,” i.e., the difference between full minimum wage and the wage rate paid while the alleged violations were taking place, the amounts impermissibly deducted from employees’ paychecks, and additional amounts as damages.
Tipped Employee Rights
- Tipped employees must be informed of the tip credit provisions of the FLSA.
- Tipped employees must not be required to share tips with non-tipped employees, including the restaurant itself, managers, or back-of-the-house employees.
- Tipped employees cannot be required to work “dual jobs,” or spend significant amounts of time completing non-tipped “side work.”
- Employers cannot take deductions or “kickbacks” from tipped employees’ wages for the employer’s benefit.
Does your employer violate any of the above rules? Markovits, Stock & DeMarco has extensive experience representing tipped employees. Please call us at 513-651-3700 immediately or complete the form below to initiate a free, and 100% confidential case evaluation.
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