Fair Labor Standards Act Collective Action
This was a collective action brought by a former server who worked at a large restaurant. She brought minimum wage and overtime claims against the restaurant and its owners based on allegations that servers were not paid overtime for hours worked over 40, the restaurant was improperly taking the “tip credit” against the required minimum wage when it was not entitled to do so, and the restaurant was making improper deductions from wages. Through proactive advice to change and retroactively remedy certain practices for all current employees, the opt-in plaintiffs were limited to eight former employees. We were able to negotiate a settlement of their claims on very favorable terms.