A nationwide restaurant chain, represented by our firm, defended the putative class and collective wage-and-hour claims of servers and bartenders seeking unpaid minimum wages. The servers and bartenders claimed the company was not entitled to take a tip credit against their wages because the workers spent too much time performing work they believed was non-tipped.
The team aggressively defended the company with creative litigation strategies, including by successfully enforcing the company’s arbitration and class waiver agreement for close to 1,000 putative collective action members and defending the company in parallel litigation and arbitration forums, and moving for dispositive rulings from the Court as case law in this area developed.