ORLANDO — Multiple arbitration cases were filed against Darden Restaurants in 2014 on behalf of hourly service employees. The arbitration suits allege that Darden refused to consider off-the-clock and non-tipped work when determining payment. Workers claim that they are entitled to payment for those hours worked and that Darden’s refusal was intentional. Employees being represented by these arbitration cases worked for Darden in Michigan and Minnesota.
Darden Restaurants Inc.
Darden Restaurants is a large firm that owns several dining household names including Olive Garden, LongHorn Steakhouse, and The Capital Grille among seven total chains owned. In owning several popular restaurants, Darden owns and operates more than 1,500 locations employing over 150,000 people and is frequently identified as the largest full-service restaurant company in the United States.
The first Darden Restaurant was founded in Waycross, Georgia in 1938 with the restaurant and subsequent company name – until 1968 – being “The Green Frog.” Although the company has been the listed plaintiff for overtime pay lawsuits, they are a regular on the Fortune “100 Best Companies To Work For” list.
Responsibility Of Employer
Under the Fair Labor Standards Act, an employer must compensate employees for all activities that occur on the clock and on site. This is in effect even for service employees who are typically compensated a lower wage in compliance with an employers tip credit.
This means that in the event a normally tipped employee works in a role that is not tipped, an employer must fairly compensate them accordingly. Additionally, an employer must compensate employees for all time spent engaging in activities that are profitable or beneficial to the company, even if a workers shift may have ended.
Contact An Attorney
Many employees are being unlawfully denied overtime pay due to willful or intentional conduct by employers. If you feel that you fit this description, you should call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page.