On February 3, 2012, our clients filed a lawsuit on behalf of current and former wait staff at Iron Cactus. The lawsuit seeks to recover the wait staff's wages we believe are owed by Iron Cactus for the last three years (February 3, 2009 to the present). The lawsuit is filed on behalf of wait staff at all Iron Cactus locations.
Specifically, the lawsuit alleges that Iron Cactus unlawfully required servers to contribute to a tip pool (tip share) that, in part, was distributed to food expeditors ("expos") in violation of the Fair Labor Standards Act. The lawsuit also alleges that Iron Cactus unlawfully charged wait staff for breakage.
By committing these and other alleged wage violations, the lawsuit claims that Iron Cactus lost its right to rely on the tip credit to satisfy its minimum wage and overtime duties under the federal wage laws. The lawsuit further alleges that Iron Cactus should be required to pay double the amount that is owed as a penalty and should also be required to pay for the employee's attorney's fees and court costs.
The case is filed in the Austin Division of the United States District Court for the Western District of Texas. The case is Joshua Covey, et al v. Iron Cactus, et al.
The lawsuit was filed as a "collective action," which means that only wait staff who sign a consent form and join the lawsuit will be part of the lawsuit. You may learn more about the lawsuit by viewing the Complaint or by contacting our firm at 1-888-449-2068 or by filling out our confidential contact form.
See below for answers to Frequently Asked Questions.
If you would like to join the lawsuit, you may fill out the consent form below.
FAQs Am I Eligible? To be eligible for this lawsuit you must have worked as part of the wait staff (waiters, waitresses, busboys, etc.) and participated in a tip pool or had part of your wages reduced for breakage at any time during the last three years.
How Do I Join This Case? To make a claim in this action under federal law, you must complete a Consent Form and return it to us for filing with the Court.
Which Locations Are Included? The lawsuit alleges that the wage violations took place at the following Iron Cactus locations:
What Time Frame Is Covered? There is a federal statute of limitations in this case that allows you to recover pay for overtime hours worked within two (2) years of joining the lawsuit by completing a Consent Form and returning it to us. If we can prove the company willfully violated the law, the statute of limitations may be extended to three (3) years.
Do I Have To Pay Anything? We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or a final judgment, and that payment will only come out of that settlement or final judgment. If we make no recovery for you, you owe us nothing. Our firm advances all of the case expenses and will request reimbursement only in the event we make a recovery for the employees.
How Do I Prove How Much I am Owed? When the employer does not maintain accurate records of the hours you worked, courts permit the employee to make a good-faith estimate of hours worked. Here we will request records from the company and analyze them to help determine how much we claim you are owed.
You do not need to have written proof of the tips that were taken from you or of unpaid wages. If you do have records, however, you should not throw them away.
How Do I Update My Contact Information? To update your contact information, please complete and submit the contact form above.
What About Retaliation? It is illegal for an employer to retaliate against you for joining this lawsuit.
Retaliation can include:
changing your hours,
reducing your pay,
changing your position, or
taking any other action in retaliation for joining this lawsuit.
The law protects you from retaliation for asserting your rights and, if you suffer retaliation, you may be able to assert additional claims against Defendants. If you currently work for the Iron Cactus and you feel you are the victim of retaliation for being in this lawsuit, contact us immediately so we may bring this to the attention of the Court. Our firm and the courts take claims of retaliation seriously.
How Can I Help? If you have information that may assist us with this case, please contact the attorneys at our firm assigned to prosecute this case: Galvin Kennedy E-mail Galvin Kennedy Ricardo Prieto E-mail Ricardo Prieto Toll Free: 1-888-449-2068 How Do I Learn More? To learn more about this case, feel free to contact the attorneys above. Or, return here for periodic updates.