Steak \u2018n Shake, \u00a0a casual chain restaurant with over 500 locations in 29 states, has been hit with a collective action FLSA lawsuit on Wednesday, April 27, 2016. Fitapelli & Schaffer, LLP is representing the class that includes servers, bussers and runners who work or have worked for Steak \u2018n Shake Operations, Inc. in the United States.\u00a0 This lawsuit is filed on behalf of all servers, bussers, and runners who work or have worked at Steak \u2018n Shake restaurants owned by Steak \u2018n Shake Operations, Inc. in the United States.<\/p>\n
The FLSA lawsuit alleges that Steak \u2018n Shake engaged in a widespread pattern, policy, and practice of violating the rights of Tipped Workers under the Fair Labor Standard\u2019s Act (\u201cFLSA\u201d) and Illinois Minimum Wage Law (\u201cIMWL\u201d). This lawsuit claims that Steak \u2018n Shake failed to pay its Tipped Workers the proper minimum wage rates, overtime, and for all hours worked.\u00a0 Specifically, the FLSA lawsuit alleges that Defendants required their Tipped Workers to regularly<\/em> perform non-tipped side work in excess of 20% of Tipped Workers\u2019 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 \u2018n Shake paid its Tipped Workers sub-minimum, tip-credit hourly wages in violation of the FLSA and IMWL.<\/p>\n