A former server says workers performed non-tipped labor and were not compensated.
The lawsuit was filed in the U.S. District Court Northern District of Texas , and Garcia has requested that the matter be resolved in a jury trial. Garcia is asking to be paid the difference between her wages and the minimum wage in Texas for each hour she worked, and double that amount in damages.
Garcia alleges in the lawsuit that she was assigned to do non-tipped work unrelated to serving tables while being paid the Texas hourly wage of $2.13 per hour for tipped workers..
The lawsuit also states that these workers were required to perform different activities before opening and after closing of the restaurant, earning the same wage of $2.13 per hour. The U.S. Fair Labor Standards Act permits an employer to take a “tip credit” toward its minimum wage tipped employees, but the employer must ensure that the employee receives enough tips to equal the minimum hourly wage of $7.25. According to the U.S. Department of Labor, if an employee’s tips combined with the employer’s wages do not equal $7.25 per hour in each workweek, the employer must make up the difference.
In their answer to the lawsuit, filed on Aug 10, 2023, representatives of Gloria’s Restaurant Las Colinas admitted that the plaintiff “sometimes performed side work. Whether and the extent to which servers performed side work varied depending on, among other things, the location, time period, and shift worked,” but they deny that the plaintiff is “entitled to any alleged unpaid compensation.”Representatives of Gloria’s Latin Cuisine and their attorneys from firm.
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