RICHMOND — A pair of former inn workers for a Virginia, Minnesota restaurant recently filed a class action unpaid overtime lawsuit against their employer alleging the defendant engaged in rampant wage theft and withheld overtime pay. The story is just another example of the depths many unscrupulous employers will go to in order to line their own pockets, suppress wages, and ultimately keep payroll costs down for the sake of the business.
The plaintiffs allege that while they were allowed to keep the whole of their cash tips during a given shift, their credit card tips were dispersed on their paychecks but not in their entirety. The suit claims the defendant kept as much as 50% of the credit card tips patrons though they were leaving to their servers and bartenders.
Furthermore, the claim alleges the staff were not paid the state’s minimum wage. Plaintiffs claim they and others were only paid the federal minimum wage of $7.25 per hour when they should have qualified for Minnesota’s minimum wage of $9.50 per hour since their employer was a “large employer” under state law.
Not only were the plaintiffs denied all their tips and underpaid, their complaint also alleges the defendant manipulated payroll hours to keep from paying overtime when employees worked more than 40 hours per week. Altering payroll hours is often a telltale sign an employer is attempting to skirt federal and state overtime laws and restaurant employees especially should be aware of the widespread practice in their industry.
The unpaid overtime lawsuit seeks class action status to recover back wages for the plaintiffs and potentially 60 other individuals employed by the defendant over a three-year period. Reports claim the defendant attempted to settle the case with the two plaintiffs who filed the lawsuit but the pair declined, opting instead to pursue justice for not only themselves but all the other workers who may have been the victims of wage theft.
Restaurant Tip Theft Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.