Friendly's Ice Cream (Soft) Served with Minimum Wage Class Action

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Friendly’s Ice Cream, LLC and two of its Pennsylvania franchises are the defendants in a proposed class action over allegedly illegal wage practices. The 28-page complaint, filed on behalf of the franchises’ tipped employees, alleges the defendants willfully violated the Fair Labor Standards Act (FLSA) and state labor laws by improperly applying a tip credit on proposed class members’ wages—without their knowledge—to which they were not entitled. The lawsuit claims the unlawful application of this tip credit resulted in proposed class members’ pay falling below the mandated minimum benchmark. The plaintiff who filed the suit, who was employed as a server, says he would often also have to work off the clock for the defendants, resulting in unpaid overtime wages.