On June 15, 2018, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit against Buffalo Wild Wings, the popular sports bar and casual dining restaurant franchise, owned and operated by Banta Management Services, Inc., Banta BWW, MDT LLC, Banta Nine Mall, LLC, Banta BWW ON, LLC, Banta BWW NB, LLC, George E. Banta, Sr., and George E. Banta, Jr. (collectively “Buffalo Wild Wings”). This lawsuit seeks to recover minimum wages, and overtime pay along with other unpaid wages.
Affected workers include former and current tipped workers at Buffalo Wild Wings such as servers, bussers, bartenders, and other similarly situated co-workers who work or have worked at any of the following three locations owned by the company between October 3, 2013 and the present:
The Buffalo Wild Wings in question, paid their tipped workers the reduced minimum wage rate or tip credit, however, failed to meet the strict statutory requirements that would permit them to apply the reduced minimum wage to their workers. For example, Buffalo Wings maintained a policy and practice that required their tipped workers to spend more than 20% of their shifts performing non-tip producing side work related to the employee’s tipped occupation. By significantly taking away their opportunity to earn tips Buffalo Wild Wings violated the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The lawsuit alleges the company should have paid its tipped worker the full minimum wage during the hours they completed side work.
Buffalo Wild Wings also maintained a policy and practice where tipped workers were not paid spread-of-hours pay when the length of the interval between the beginning and end of their workday – including working time plus time off for meals plus intervals off duty – was greater than 10 hours. Additionally, they failed to supply tipped workers with call-in pay when they were required to leave prior to working for 3 hours.
These violations are not uncommon in the restaurant industry. If you work for any of the Buffalo Wild Wing locations and have any questions or concerns, feel free to call us at (212) 300-0375 for more information. If you’ve worked at another restaurant and feel you are experiencing similar issues call us for a free consultation to discuss your potential claims. Visit our website for additional information.
You can also view the complaint here.