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6/1/2011
KH Law
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Tips for restaurant workers denied their tips: Overtime violations for restaurant workers

Restaurant employees fequently shortchanged on wages and tips: Case in Point - New York Mets baseball player brought to court for overtime and minimum wage violations

The restaurant industry has an estimated 215,000 full-service restaurants in the United States, accounting for $298 billion yearly. Yet many servers, waiters, bartenders and tipped employees nationwide are not paid correctly or are denied their tips and are being cheated out of thousands of dollars in wages every year.

This industry is particularly at risk of common wage and overtime violations, and many restaurants have been brought to court over this issue.

Case in Point

Two former employees of popular New York restaurants co-owned by New York Met Carlos Beltran filed a lawsuit against the owner claiming they were not paid according to federal wage laws. The lawsuit filed by the former waiter and bartender seeks class action status on behalf of 50 other workers.

The lawsuit alleges that in the two restaurants, Sofrito and Sazon, employees were not paid minimum wage, overtime, or spread of hours pay. The former restaurant employees claim that workers were paid a fixed shift pay, regardless of how many hours they worked. The lawsuit also claims tipped employees were also forced to share tips with workers who were not entitled to them.

Tip sharing is very common in the restaurant industry, but this practice is usually illegal. The FLSA states that tipped employees are not required to share tips with workers who do not regularly receive tips, including dishwashers, cooks, and managers.

Read more: Starbucks tip-sharing lawsuit

We have represented many waiters and servers to recover the back wages owed to them. Read our Case Results to read about an acual client we have represented.


Read more on Tipped Employees.


Category: Tipped Employees



The Texas overtime lawyers at Kennedy Hodges represent workers nationwide and across Texas in:
Houston, Dallas, Austin, San Antonio, Fort Worth, Pasadena, Laredo, Sugar Land, Lubbock, Illinios, New York, Massachusetts, Los Angeles, Chicago, Philadelphia, Phoenix, San Diego, San Jose, Jacksonville, Indianapolis, San Francisco, Columbus, Charlotte, Detroit, and more.




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