Migliaccio & Rathod LLP is currently investigating steakhouses across the country that pay servers a tipped minimum wage (less than $7.25 an hour, or lower than the state minimum wage) and also require them to pool tips with expediters, wine runners, silverware polishers, baristas, or other positions that do not regularly interact with customers. While it is legal for steakhouses to have servers pool tips, they cannot force servers to share tips with positions that do not regularly interact with customers, as these positions should be getting paid at least the standard minimum wage. Steakhouses that force servers to “tip out” to expediters or other back of the house employees, can no longer pay servers the tipped minimum wage but must instead pay them the standard minimum wage for each hour worked.
Are you a steakhouse server at a restaurant that forces you to “tip out” back of the house employees, or pool tips with kitchen staff or expediters?
If so, we would like to speak with you. Please complete the contact form on this page, send us an email at email@example.com, or give us a call at (202) 470-3520 for more information.
Attorneys Committed to Fighting Wage Theft
The lawyers at Migliaccio & Rathod LLP have years of experience in class action litigation involving wage theft cases. We have recovered millions of dollars for Assistant Managers in Bob Evans restaurants, Staples, and more recently, for servers in IHOP restaurants operated by franchise-owner CFRA. (Disclaimer: Past results do not guarantee future outcomes). More information about our current cases and investigations is available on our blog.