Jacks Enterprise, LLC is the defendant in a former employee’s proposed collective action in which she claims the company violated the minimum wage provisions of the Fair Labor Standards Act (FLSA).
The defendant owns Johnny’s Pizza, a Dublin, Georgia eatery, where the plaintiff worked as a server from March to September 2016, according to the complaint. The plaintiff alleges that during her tenure, she was inappropriately compensated at a tip-credited pay rate, as she spent over 20 percent of each workday performing non-tipped duties, such as cleaning or preparing food.
Further, the plaintiff was unlawfully required to surrender a portion of her tips to employees who worked as dishwashers, the complaint says. Under the FLSA, restaurants are prohibited from taking a tip credit against servers’ wages “when they require servers to share tips with other restaurant employees who do not ‘customarily and regularly receive tips,’” the suit explains.
Adding to the company’s alleged wage violations, the case claims the plaintiff was regularly deprived of the FLSA-mandated minimum wage when her tips did not cover the difference between her pay rate and the required hourly rate of $7.25.