Tag Archives: “tipped employees”

Court Denies Conditional Certification of Putative FLSA Collective Action

The United States District Court for the Northern District of Georgia has issued a very good decision for employers opposing conditional certification of FLSA minimum wage and overtime cases.  In Beecher v. Steak N Shake Operations.pdf, Case No. 1:11-CV-4102-ODE (N.D. Ga. Sept. 27, 2012), the plaintiffs were employees of company-owned Steak N Shake restaurants working … Continue Reading

Hawaiian Court Finds That Employees Were Not Entitled To Resort Service Charges

Employees’ Tip Ball Fails To Save Game; Series Continues This blog and Baker Hostetler’s HospitalityLawg often come across the same cases, particularly because the hospitality industry is increasingly the target of employment class actions.  The entry below was largely prepared by our hospitality industry team, who we thank for their efforts. We along with our … Continue Reading

Court Finds That Employer’s Failure to Pay “Service Charges” To Tipped Employees Violated Hawaiian Law

In an August decision from a federal court in Hawaii, a hotelier was found liable for unpaid wages to a group of over 100 wait staff employees who claimed the company cheated them out of tips by retaining a portion of gratuity fees added to guest checks. The Planitiffs’ factual allegations focused on the fail­ure … Continue Reading

$10 Million Settlement for Exotic Dancers a Not-So-Exotic Outcome in Wage Class Actions

If you think wage and hour class actions aren’t very sexy, you’re wrong. A class of exotic dancers in California and other states have received preliminary court approval of a $10 million settlement of their class action suit in which they claimed that their adult nightclub employers misclassified them as independent contractors.  Trauth v. Spearmint … Continue Reading

Maryland Court Rules Employer Cannot Participate in Employee Tip Pool

Once again, tip pool cases are getting attention in the federal courts.  Most recently, several former employees of two taverns in Baltimore sued under the Fair Labor Standards Act (“FLSA”) and Maryland state laws alleging unlawful wage and hour practices.  Gionfriddo vs Zink.pdf, 2011 WL 855799 (D.Md. March 11, 2011).  Specifically, they claimed the owner … Continue Reading