(1) Requiring plaintiffs to purchase uniforms;

 

(2) Deducting the cost of customer “walk-outs” from the wages and/or tips the plaintiffs earned;     

 

(3) Requiring plaintiffs to perform work without compensation;

 

(4) Requiring plaintiffs to perform work for which they could not earn tips such as set-up and/or closing work and compensating them for this work at a rate below the minimum wage;

 

(5) Requiring plaintiffs to share their tips with employees who do not qualify to receive tips; and/or

 

(6) Failing to pay plaintiffs time and a half overtime compensation for working in excess of forty hours per week.

           

Plaintiffs allege that the restaurant paid them less than the minimum wage (which is currently a minimum of $7.25/hour and may be higher in certain jurisdictions), but still required them to purchase nylons, shirts, shorts, pins, and other uniform items. In certain circumstances, employers are allowed to pay their employees who receive tips an hourly rate, which is less than the minimum wage (the tip credit wage is typically $2.13/hour, but may be higher in certain jurisdictions). When an employer takes advantage of this “tip credit,” however, it may not require its employees to pay any of the money back to the employer by requiring them to purchase uniforms or other items.

 

Plaintiffs also allege that the restaurant required them to perform work before and/or after their shifts without any pay or at the reduced “tip credit” rate such as setting-up the restaurant before it opened, cleaning up at the end of their shifts, and/or participating in training.   Because this is not the type of work by which the employees could receive tips, such as waiting tables, the restaurant should have paid plaintiffs at least the full minimum wage. Furthermore, plaintiffs allege that they should have been paid time and a half overtime compensation for any work performed in excess of forty hours per week. An employer is obligated to compensate its employees for all work even though it would not allow the employee to record the time, i.e. management would not allow the employee to “punch-in” while performing this work.

 

Finally, plaintiffs allege that the restaurant required them to share their tips or “tip pool” with employees who did not have jobs that would entitle them to tips, such as dishwashers and other kitchen staff.

 

If you have worked at a Hooters restaurant at any time in the last three years, you may be entitled to backpay and an equal amount in liquidated damages if you were subjected to any of the above discussed conduct. You may contact us to find out more information or to find out whether you are eligible to join this lawsuit at:

 

Heidi R. Burakiewicz

MEHRI & SKALET, PLLC

1250 Connecticut Avenue, N.W.

Suite 300

Washington, D.C. 20036

(202) 822-5100

(240) 751-6583 (cell phone)