EMPLOYMENT LITIGATION

CASE: GRANITE CITY FOOD & BREWERY

ISSUES: Minimum Wage, Tip-credit

Summary:

On Wednesday, August 22, 2016, Fitapelli & Schaffer, LLP along with Nichols Kaster, PLLP filed a class action lawsuit against Granite City Food and Brewery. Granite City, a chain restaurant based out of Minnesota, has approximately 35 restaurant locations across the United States including Illinois, Indiana, Iowa, Kansas, Maryland, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, and Wisconsin. The Plaintiff alleges that she and other tipped employees were wrongfully denied their lawfully earned wages under the Fair Labor Standards Act (FLSA).

The lawsuit seeks to represent current and former tipped workers of Granite City restaurants in several different states. Specifically, the lawsuit could affect servers and bartenders that have worked for the company within the last three years. The lawsuit alleges that Granite City paid its tipped employees sub-minimum hourly wages under the tip-credit provisions of the FLSA. The tip-credit provisions of the FLSA permit an employer, under certain circumstances, to pay tipped employees less than the full minimum hourly wage and take a “tip credit” against its minimum wage obligations. However, an employer is not permitted to take a tip credit against its minimum wage if they require its tipped employees to perform non-tipped work that is unrelated to their tipped occupation or if they require them to perform non-tipped work that, although related to the employees' tipped occupation, exceeds 20 percent of the employees' time worked.

The plaintiff alleges that Granite City willfully violated the FLSA by paying servers and bartenders in this manner. They customarily required servers and bartenders to perform work unrelated to their tipped occupations such as running or expediting food; setting up the expediting station; sanitizing buckets; setting up and washing garbage cans; washing dishes and silverware; stacking plates and bringing them to the expedition line; sorting and rolling silverware; checking the bathrooms; taking out garbage; sweeping floors; chopping fruit; and breaking down and cleaning the expediting station. Completing these job requirements took up more than 20 percent of a tipped worker's shift time leaving them with less time to earn tips while getting paid at a lower rate. If you'd like to read more about this case, please read the complaint here.

Unfortunately, the restaurant industry is riddled with workplace violations. Employees at restaurants may have issues with everything from unpaid overtime to wrongful termination. If you or anyone you know has worked in a restaurant and feel as though they have not been paid correctly or are owed money, please have them give us a call for a free phone consultation. You will be able to speak to one of our experienced attorneys to discuss your rights under the FLSA. You can reach us at 212-300-0375 or visit our website at www.fslawfirm.com.

RECORD SETTING AWARDS AND SETTLEMENTS

FOR OUR CLIENTS


$19,100,000

$19.1 Million for Tipped Restaurant Workers. (pending court approval)

Workers such as servers, bussers, runners bartenders, barbacks and other tipped workers at a large national casual dining chain alleged they were owed wages. Their claims included but were not limited to: unpaid overtime, spread-of hours, misappropriated tips, uniform-related expenses and unlawful deductions.

$15,900,000

$15.9 Million for Personal Bankers.

The firm was able to recover overtime compensation for personal bankers and others similarly situated at a national bank that operates hundreds of branches throughout the United States. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales quotas but were not compensated overtime for their pay.

$14,500,000

$14.5 Million for Spam Text Victims

Fitapelli & Schaffer was able to recover damages for recipients of unwanted promotional text messages from a popular young adult clothing retailer. The clothing company allegedly violated the Telephone Consumer Protection Act by sending text messages to recipients’ cellular phones without their prior express written consent.

$7,000,000

$7.0 Million for Bank Loan Officers

The firm was able to recover overtime compensation for loan officers at a national bank that operates more than hundreds of branches nationwide. Employees in affected positions claimed they were required to work more than 40 hours a week in order to meet sales goals but were not compensated overtime for their pay.

$5,900,000

$5.9 Million for Commissioned Car Salesmen.

One of the largest auto dealerships in the NYC Metropolitan Area agreed to pay owed wages to its car salesmen. The company was accused of failing to pay salesmen the proper minimum wage, overtime pay, commissions, and made unlawful deductions from their earned wages in violation of federal labor laws.

$4,300,000

$4.3 Million for Personal Bankers

Even though personal bankers at this nationwide bank were classified as exempt from receiving overtime pay, the company routinely required them to work in excess of 40 hours per week. There are federal laws that help protect workers from misclassification and in this situation; Fitapelli & Schaffer was able to recover unpaid overtime for personal bankers throughout the United States.

$4,300,000

$4.3 Million for Entertainers at Gentleman’s Clubs

F&S represented entertainers at a popular gentleman’s club in New York City that claimed the club failed to pay them the proper wages. The entertainers were able to recover owed wages that included unpaid minimum wages, overtime pay, spread-of-hours pay, unlawfully retained tips, unlawful deductions, and uniform-related expenses.

$3,600,000

$3.6 Million for Tipped Employees at Upscale Restaurant

Tipped workers alleged that a Mexican Michelin rated restaurant with 17 locations denied them overtime pay, minimum wages, and call-in pay. Our firm was able to recover wages for these tipped employees that included servers, bussers, bartenders, food runners and barbacks.

$3,400,000

$3.4 Million for Assistant Managers at Bank

Fitapelli & Schaffer successfully recovered unpaid overtime for assistant managers on a salary at a bank with locations nationwide. The salaried workers argued that they were wrongfully classified as exempt from receiving overtime when working over 40 hours per week.

$3,000,000

$3.0 Million for Bank Loan Officers

The fast food chain allegedly misclassified its assistant managers as salaried workers and considered them exempt from receiving overtime pay when working over 40 hours per week. Fitapelli & Schaffer was able to recover overtime compensation for all of the popular fast food chains’ assistant managers nationwide, with the exception of California.

$2,836,000

$2.9 Million for Tipped Restaurant Employees.

Fitapelli & Schaffer was able to recover unpaid minimum wages, overtime, spread-of hours, and unlawful deductions for tipped restaurant workers at a popular dining chain. Affected workers included servers, bussers, runners bartenders, barbacks and other tipped workers.

$2,250,000

$2.25 Million for Tipped Workers at Chain Sports Bar

proper minimum wage and overtime. Fitapelli & Schaffer helped the workers recover owed wages to the following positions: servers, bussers, bartenders, and other tipped workers under federal and state labor laws.

$2,000,000

$2.0 Million for Bank Loan Officers

Fitapelli & Schaffer was able to successfully recover unpaid overtime for loan officers at a nationwide bank that operates over one thousand locations across the United States. Loan officers for the company alleged that even though they were hourly employees and consistently worked over 40 hours per week they were working off the clock and not getting overtime pay.

$1,950,000

$1.95 Million for Health Care Workers

A New York based health insurance provider allegedly had its health care workers working over 40 hours per week but required they submit weekly timesheets that only showed they worked 37.5 hours. Fitapelli & Schaffer was able to successfully recover compensation for unpaid wages, overtime and spread of hours pay.

CONTACT

FITAPELLI & SCHAFFER LLP


CONTACT US TODAY AT (212) 300-0375 OR FILL OUT THE FORM BELOW FOR A FREE CONSULTATION

Please enter your Employer Please enter your Name Please enter your Phone Number Please enter your Message

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read the disclaimer Please click to accept
Comodo Trusted Site Seal
Thank you! Your email has been delivered.

FREE CONSULTATION

212.300.0375
Please enter your Employer Please enter your Name Please enter your Phone Number Please enter your Message

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

I have read the disclaimer
Please click to accept
SSL
Thank you! Your email has been delivered.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Please do not send documents or include any confidential or sensitive information in this form. This form sends information by non-encrypted e-mail which is not secure.

Submitting this form does not create a lawyer/client relationship.

Do you agree with the terms?