Alleged Fair Labor Standards Act (FLSA) violations are the focus of a lawsuit filed against the Vero Beach Inn and a general manager by a former employee who claims she’s owed unpaid wages and was fired in retaliation for not being a “team player.”
The plaintiff claims the defendants violated the FLSA’s tip credit provision by not allowing wait staff to keep all earned tips. Moreover, the lawsuit alleges the defendants:
Did not pay the plaintiff all credit card tips “on many occasions”;
Illegally docked servers’ pay when customers failed to pay a bill;
Paid wait staff at a tip-credited rate for mandatory one- or two-hour staff meetings;
Paid the plaintiff and similarly situated workers Paid Time Off at the lower tip-credited rate; and
Paid employees holiday wages at the lower tip-credited rate.
Further, the case alleges the Vero Beach Inn failed to pay tipped employees at one and one-half times the minimum wage rate (minus the tip credit amount) for all hours worked in excess of 40 in a given workweek.
Rounding out the lawsuit is the plaintiff’s claim that she was ultimately fired in retaliation for complaining about the above-described wage practices.
“Since [the plaintiff] complained every time she was paid incorrectly, she was told she was not a ‘team player’ and was determined to be a problematic employee,” according to the lawsuit.