On Wednesday, April 27, 2016, Fitapelli & Schaffer, LLP filed a collective action lawsuit in the United States District Court for the Northern District of Illinois against Steak ‘n Shake Operations, Inc. (“Steak ‘n Shake” or “Defendant”), a casual chain restaurant that has over 500 locations in 29 states. This lawsuit is filed on behalf of all servers, bussers, and runners (collectively “tipped workers”) who work or have worked at Steak ‘n Shake restaurants owned by Steak ‘n Shake Operations, Inc. in the United States.
The lawsuit alleges that Steak ‘n Shake engaged in a widespread pattern, policy, and practice of violating the rights of Tipped Workers under the Fair Labor Standard’s Act (“FLSA”) and Illinois Minimum Wage Law (“IMWL”). This lawsuit claims that Steak ‘n Shake failed to pay its Tipped Workers the proper minimum wage rates, overtime, and for all hours worked. Specifically, the lawsuit alleges that Defendants required their Tipped Workers to regularly perform non-tipped side work in excess of 20% of Tipped Workers’ time. Additionally, the lawsuit claims that Tipped Workers were mandated to perform duties unrelated to the tipped profession. Tipped workers were required to perform duties which included but were not limited to: cleaning the restaurant, sweeping and mopping, preparing food, refilling condiments, restocking and replenishing service areas, rolling silverware, brewing coffee and tea, washing dishes, cleaning bathrooms, and preparing meat to be cooked. While this work should have been compensated at the full minimum wage rate, the lawsuit alleges that Steak ‘n Shake paid its Tipped Workers sub-minimum, tip-credit hourly wages in violation of the FLSA, and IMWL.
The employment lawyers at Fitapelli & Schaffer, LLP are strongly committed to protecting the rights of hard working employees. We are seeking to represent all servers and other Tipped Workers who work or have worked at any of the Steak ‘n Shake locations nationwide. Anyone who works or has worked at any of the Steak ‘n Shake locations in the United States should contact us in order to discuss your potential rights under the FLSA. For additional information, please call the employment lawyers at Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com. You can also view the complaint here.