NASHVILLE — Logan’s Roadhouse Inc. could be facing a collective action wage and overtime pay lawsuit in Tennessee federal court, if the judge approves the servers’ request for class certification. The steakhouse restaurant chain is alleged to have violated the Fair Labor Standards Act (FLSA) when it failed to pay its tipped employees at least minimum wage for all hours worked. The restaurant chain is also alleged to have improperly classified the tipped employees.
The Steakhouse Claim
Two former employees, Cody Bolen and Cary Bradford, filed the initial claim in November 2014. The plaintiffs claim tipped employees were required to work off the clock and were not paid for non-tipped work, which allegedly resulted in the tipped workers not receiving minimum wage and being denied earned overtime wages. In their complaint, they detailed company requirements such as mandatory training attended off the clock and clocking in at a tipped rate while performing non-tipped work. They also claim the non-tipped work they performed could amount to more than 20 percent of the work they performed, which they claim could potentially require the restaurant chain to pay them the normal, non-tipped, minimum wage.
An additional 71 current and former employees have joined the lawsuit since its initial filing and the plaintiffs are requesting the court grant class certification so other similarly situated tipped employees may also join the claim. If class status is granted, tipped employees, servers and bartenders, working at any of the restaurants locations at any time over the last three years, may be eligible to join the collective action. Class certification would also require Logan’s to provide the plaintiffs a list of potential class members, along with the information necessary to notify potential members of the class action.
Collective vs. Class Actions
There are two types of lawsuits which allow for large groups of individuals to join: collective and class actions. Collective and class actions are similar in that they allow groups of similarly situated or similarly affected individuals to be represented by one or a few individuals which potentially reduces the time, costs, and potential for varying outcomes associated with individual lawsuits. But collective and class actions have different requirements and are used in different situations. For instance potential class members are presumed to be members in a class action and must opt-out if they do not want to participate. On the other hand, potential class members must opt-in if they want to be included in a collective action.
If you are a tipped employee and your employer is not paying you different hourly rates for non-tipped work or overtime, you may have a wage or overtime pay claim. Contact our top-rated team of overtime pay lawyers at (855) 754-2795 to discuss your situation. Or you may complete our Free Unpaid Overtime Case Review form and our knowledgeable legal team will evaluate your claim. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement.