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Pennsylvania Court Holds Employees Must Have Direct Customer Interaction to Participate in a Tip Pool under the Fair Labor Standards Act

In a case of first impression in the Third Circuit, a Middle District of Pennsylvania Court held that expediters at the Red Robin restaurant chain did not fall within the definition of “tipped employees” under the Fair Labor Standards Act (“FLSA”). Ford v. Lehigh Valley Restaurant Group, Inc., No. 14-cv-227.  The case revolves around the interpretation of 29 U.S.C. § 203(m), which allows “the pooling of tips among employees who customarily and regularly receive tips.”  Defendant Red Robin instituted a ...

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Moonstruck Diner Case Update

On October 2, 2013, Fitapelli & Schaffer, LLP filed a lawsuit alleging that Defendants Moonstruck Diners failed to pay non-exempt workers the proper minimum wage rate, overtime pay and spread-of-hours pay as required under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law.

On July 2, 2014 the Court granted Plaintiff’s Motion for an Order Granting Class Certification, Court Authorization and Expedited Discovery pursuant to 29 U.S.C. § 216(b) and denied Defendants’ Cross-Motion for Judgment on the Pleadings ...

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Dovetail Lawsuit

Stamped Complaint – Monzon v. 103W77 Partners, LLC, et al 13 cv 5951 (AT)

On August 23, 2013, Roldan Monzon (“Plaintiff”) filed a complaint in the U.S. District Court (S.D.N.Y.) on behalf of himself and similarly situated “tipped workers” that worked at Dovetail Restaurant (“Dovetail”), alleging that Dovetail unlawfully violated the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”).  Plaintiff is seeking to recover damages resulting ...

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