Vino’s in Little Rock, Arkansas and a manager face a proposed collective action filed by a former hostess/server who claims the restaurant and brewery failed to pay tipped workers proper wages. The 13-page lawsuit says the defendants’ servers spent more than 20 percent of their time performing non-tipped duties, including opening and closing the eatery, rolling silverware, and completing side work. Because the employees spent so much time performing non-tipped work, they should’ve been paid at least the $7.25 per hour minimum wage, the lawsuit argues, and not the lower tip-credited hourly rate.
The plaintiff worked at Vino’s from December 2016 through April 2018, the case says, and was paid at a tipped wage of $3.50 per hour for all her recorded hours worked. According to the suit, the defendants failed to distinguish between the plaintiff’s tipped and non-tipped work, paying the woman at the same tip-credited rate no matter which tasks she was handling.