Former Server Sues Restaurant Over Wage and Hour Violations
A former Mulligan’s Beach House Bar and Grill server is suing the restaurant that they work for over unpaid wages in a case that could have widespread implications for restaurant workers throughout Florida. The 36-year-old plaintiff waited tables at the popular beachfront restaurant from 2018 to January 2024. He has since moved to Fort Myers. According to his lawsuit, the plaintiff was paid the state minimum wage, minus a tip credit of $3.02 per hour. But state law only allows employers to deduct the tip credit from the employee’s paycheck when no more than 20% of the workers time includes performing tasks for which they are not tipped
The plaintiff is claiming that their side work consumed much more than 20% of their time on the job. He further claims that withholding the tip credit was a violation of the Florida Minimum Wage Act (FMWA) and the Fair Labor Standards Act (FLSA). The plaintiff is seeking damages of between $50,000 and $75,000.
In addition to violating Florida law and federal law, the plaintiff is claiming that Mulligan’s compelled him to contribute portions of his tips to a tip pool that was redistributed to restaurant management and employees not engaged in tipped occupations. The plaintiff also was required to work while clocked out for which he was not compensated at all according to his lawsuit.
FLSA litigation has grown substantially over the past quarter century especially in Florida. In 1988, the US Department of Labor updated its field operation handbook – the manual that interprets wage in our division laws for business owners and the Department of Labor investigators – to include what has generally become known as the 80/20 rule. According to the 80/20 rule, up to 20% of a server’s job could involve tasks that, while not directly typable, are related to the servers typical duties. In December of 2021, the Department of Labor updated the 80/20 rule to agree that non typical duties could not exceed 30 contiguous minutes. This new standard became known as the 80/20/30 rule and all of these rules were codified into actual regulations.
Interestingly, however, on August 23rd of this year, the US Circuit Court of Appeals for Florida’s Fifth Circuit vacated the 80/20/30 rule in a case brought against the Department of Labor by the Restaurant Law Center. The court said that the regulations were inconsistent with the text of the FLSA and were also arbitrary and capricious in violation of the Administrative Procedures Act. This ruling however is likely to be appealed.
Talk to a Tampa, FL FLSA attorney today
Florin Gray represents the interests of employees who have been shorted overtime by their employers. you could be entitled to recover lost wages plus liquidated damages. Call our Tampa employment lawyers today to schedule an appointment and we can begin discussing your lawsuit right away.
Source:
veronews.com/2024/09/24/suit-by-former-server-at-mulligans-over-wages-may-have-wider-implications/
