On Friday, October 16, 2015, Fitapelli & Schaffer, LLP along with Werman Salas P.C. filed a class action lawsuit in the United States District Court for the Northern District of Illinois against the Uncle Julio’s Corporation and Uncle Julio’s of Illinois, Inc. (“Uncle Julio’s”). The lawsuit is filed on behalf of all servers and other “Tipped Employees” who work or have worked at any of the Uncle Julio’s locations in Illinois, Texas, Georgia, Maryland, Virginia, and Florida.
The lawsuit alleges that the owners and operators of Uncle Julio’s have instituted widespread practices and policies that violate their Tipped Employees’ rights under the Fair Labor Standards Act (“FLSA”) and Illinois Minimum Wage Law (“IMWL”). The lawsuit alleges that Uncle Julio’s failed to pay Tipped Employees the proper minimum wage rates to which they were entitled. Specifically, Defendants failed to properly utilize the “tip credit” provision that allows them to pay an hourly rate below the regular minimum wage under the FLSA. In that regard, the lawsuit alleges that Defendants failed to provide their Tipped Employees with the information required as per the FLSA in order to take advantage of the tip credit provision. Further, the lawsuit alleges that Defendants required their Tipped Employees to regularly perform non-tipped work that was unrelated to their tipped occupation. This unrelated work was in excess of 20% of Tipped Employees’ time during individual workweeks and included but was not limited to: sweeping floors, sorting, polishing, and rolling silverware, and wiping tables. While this work should have been compensated at the full minimum wage rate, the lawsuit alleges that Uncle Julio’s paid its Tipped Employees 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 Employees” who work or have worked at any of the Uncle Julio’s locations. Anyone who works or has worked at any of the Uncle Julio’s locations 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.
Anyone who has worked at any restaurant as a server or bartender or other tipped position may have a wage claim under the FLSA and/or the NYLL. Please contact Fitapelli & Schaffer, LLP at (212) 300-0375 or visit our website at www.fslawfirm.com to discuss your rights.