A former server of a Buffalo Wild Wings in Ohio, has brought a wage theft lawsuit in Ohio federal court on behalf of herself, other servers, and bartenders against Buffalo Wild Wings. The former server claims that Buffalo Wild Wings paid servers and bartenders at a subminimum hourly wage rate, relying on an illegally imposed tip credit.
The lawsuit against Buffalo Wild Wings alleges that the restaurant failed to inform their servers and bartenders of the tip credit provisions, and that it failed to allow their servers and bartenders to retain all of their tips. The lawsuit also claims that Buffalo Wild Wings did not allow their servers and bartenders to retain all of their tips by requiring them to purchase various items to perform their jobs and unlawfully incur other expenses in connection with their work as servers and bartenders, such as uniforms, server books, walked tabs, copies of payroll documents, and other items. Furthermore, the lawsuit alleges that the restaurant paid their servers and bartenders subminimum wages to perform non-tipped work unrelated to their tipped occupation, such as taking out the trash, sweeping and mopping floors, washing dishes, working the cash register, greeting and seating customers, preparing food, washing trays, and more. Lastly, the lawsuit alleges that the Buffalo Wild Wing paid subminimum wages to its servers and bartenders to perform non-tipped work that, although related to their tipped occupation, exceeded twenty percent (20%) of their time worked in a workweek.
If you are a tipped employee who is paid at a subminimum hourly wage rate because of an improperly imposed tip credit, call us to see if we can help you recover your pay due. The attorneys at Pechman Law Group PLLC have helped hundreds of tipped employees in New York City recover millions of dollars.
