Waiter Who Also Worked as a Manager Settles Claims for Unpaid Tips and Overtime
Managers May Be Entitled to Overtime Wages and a Share of Customer Tips When They Work as Servers
The Howley Law Firm filed a lawsuit against the owners of Zutto Japanese American Pub on behalf of a waiter who also worked as a floor manager. The complaint alleged that the restaurant failed to pay our client overtime wages, spread-of-hours pay, and his share of customer tips for the time he spent working as a waiter or server. The complaint also alleged that the restaurant terminated him because of his age after new owners wanted a younger staff.
Click here to read the federal complaint.
As a general rule, managers are not allowed to share in customer tips and are not entitled to overtime pay. In this case, however, the complaint alleged that the so-called "floor manager" was really a server who had some managerial duties. As a result, he was entitled to be paid a share of customer tips, overtime wages when he worked more than 40 hours per week, and spread-of-hours pay when he worked more than 10 hours in a day.
After the complaint was filed in federal court, the restaurant's owners agreed to settle the claims by paying our client the compensation he was owed. They also agreed to pay all of our attorneys' fees and costs. The federal court approved the settlement as fair and reasonable.
Are you owed money for unpaid wages, off-the-clock work, tips, or overtime? Do not let your employer cheat you out of fair compensation for your hard work.
Call us today to speak with an experienced lawyer.