In Tennessee and all across the country, workers deserve the pay they receive and in some workplaces, this may include the receiving of tips from customers at food service businesses. However, sometimes some businesses get around paying their employees what they are actually owed by illegally pooling tips and then the company receives the benefits instead of the employee. If you or a loved one feels that you have not received the wages you deserve while at work, then you should speak with a Tennessee employment rights lawyer right away. They will hear your case and make sure you get the compensation you are entitled to for the work you do.
In this case, two Hard Rock Café employees have filed a lawsuit against the restaurant claiming that the restaurant did not properly pool tips and that they received tip credits which is against the law. The employees are seeking class action status for their lawsuit and claim that because of the tip pooling the Hard Rock Café was not entitled to receive tip credits to make up for parts of minimum wages that the company was required to pay their servers and bartenders from January 14, 2006 to July 2009. When tips are illegally pooled or illegally given out to managers and kitchen staff, this violates the federal Fair Labor Standards Act.
The Fair Labor Standards Act states that tip sharing or pooling should only be to those employees who are usually tipped by the public and this causes issues when some employers have given out the collected tips to other staff or to managers. In this case, the employers were in violation of the Fair Labor Standards Act because they gave out the pooled tips to kitchen staff who did not usually receive tips from the public. This case is different from other tip pooling lawsuits because it deals with minimum wage laws. In some states, employers are allowed to pay their employees who receive tips less than minimum wage” only if the requirements for the tip credit under the federal Fair Labor Standards Act are met,” according to this lawsuit.
Cases similar to this one happen all too often to workers across the country and even here to Tennessee workers. If you or someone you care about feels that you have not been properly paid at your workplace, then you should contact one of our experienced and caring Tennessee employment rights attorneys immediately. We care about our clients and will work with you to see that you get the compensation you deserve for your hard work. Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your legal options.