A Montgomery County resident and former employee of Movie Tavern Partners filed a class action lawsuit against the company citing minimum wage violations. The ex-employee filed for herself and on behalf of other employees who were treated similarly. The lawsuit cites violations of the Fair Labor Standards Act (FLSA) and the Pennsylvania Minimum Wage Act.
According to details of the complaint, the plaintiff worked as a runner for the company’s Collegeville location from March to August of 2014. The suit says that because the company applied a tip credit against their wages, they were not paid the mandated minimum wage for the hours they worked.
The law states that an employer may pay its employees less than minimum wage if the customer tips combined with the tip credit wage equals at least minimum wage. The employer must also make the employees aware of its intention to pay a tip credit wage so that the employees are aware of what their salary will be. According to the lawsuit, the company did not notify its employees, and they only paid the tip credit wage.
The class action lawsuit seeks unpaid wages, unpaid overtime, liquidated damages, attorney fees, court costs and other costs that the court deems appropriate.
Philadelphia wage and hour lawyers at Sidkoff, Pincus & Green, P.C. provide experienced, dedicated legal counsel for employees experiencing wage and hour issues and violations of the FLSA by their employer. For more information, call our Philadelphia FLSA lawyers at 215-574-0600 or contact us online.