A proposed collective action filed in Florida federal court claims the operators of the Nueva San Salvador Restaurant denied employees proper minimum and overtime wages.
The plaintiff worked at the restaurant as a server and alleges she was paid less than the required minimum hourly rate. Though the plaintiff was supposedly paid at a lower tip-credited hourly rate, the lawsuit argues that the defendants' application of a tip credit to her wages is “irrelevant” because they “failed to comply with the reduced minimum wage allowed for tipped employees.” In fact, the defendants allowed non-tipped employees such as delivery drivers to participate in the servers’ tip pool, an unlawful practice under federal law, the case alleges.
“Where a tipped employee is required to contribute to a tip pool that includes employees who do not customarily and regularly receive tips, the employee is owed all tips he or she contributed to the pool and the full minimum wage,” the suit reads.
The plaintiff further argues that she was required to attend mandatory meetings for which she was either not paid any wages or was paid “her minimum wage minus $3.02 per hour.” All told, the plaintiff claims she was required to work 50 hours per week without premium overtime wages for the hours she worked over 40. The plaintiff estimates that she is owed approximately $46,789.50 in allegedly unpaid wages.