On behalf of Warren & Siurek, L.L.P. posted in Wage & Hour Laws on Monday, January 11, 2016.
Logan’s Roadhouse restaurants — with locations in 23 states including Texas — is being accused of wage theft. The lead plaintiff in the lawsuit claims that she was doing non-tipped work, which did not get her hourly rate up to the minimum wage. The class-action lawsuit against the restaurant chain could affect its over 38,000 workers across all locations.
The former waitress claims that she spent hours — sometimes up to three — at the end of shift doing non-tipped work such as rolling silverware. During this time she was making $2.13 per hour, and could not earn any tips. In order for restaurant employees to make minimum wage, some of their tips are included to make up the difference. However, when the workers spend more than 20 percent of their time doing non-tipped work, they are to be paid the minimum wage.
According to the complaint, the servers were also told to report tips that they did not receive. This apparently was to make it appear as if the servers were getting paid the minimum wage. The lawsuit also explains that managers are rewarded if they stay below the payroll budget and punished if they do not. This encourages managers to force employees to work without being paid.
A website has been set up so that current and former Logan’s employees from the last three years can join the lawsuit. Thus far, 3,000 have done so. Logan’s contends that the company is compliant with the law and that the allegations are false. Texas restaurant workers who suspect that they are not being paid minimum wage or are asked to work off-the-clock, as well as those who suspect their employers are engaging in any form of wage theft, would benefit from consulting with an employment law attorney to determine if viable claims exist.