A wage and hour lawsuit has been filed against Smith & Wollensky by a waiter at the steakhouse chain’s Chicago restaurant. The lawsuit alleges employees at the Chicago restaurant have been paid less than minimum wage.
A U.S. District Judge in Chicago has granted class action status to the case. Approximately 140 current and former employees may participate in the claim, which will seek compensation for unpaid wages dating back to March 25, 2006.
Smith & Wollensky is charged with failing to pay the minimum wage, currently $8.25 an hour in Illinois, to employees who earn tips, such as waitresses and bartenders. According to Gerald Schmidt, the employee who brought the wage and hour lawsuit, the Chicago restaurant violated a law that allows workers to be paid less than minimum wage if their total earnings after tips equal the minimum wage.
Employees at the restaurant were required to carry out non-tipped job responsibilities before opening and closing, even though they were still being paid at the lower tip-credit wage for these duties. Smith & Wollensky also allowed non-tipped employees to receive money from the tip pool, which is a violation of the Illinois minimum wage law. The lawsuit also alleges employees who worked more than 40 hours a week were not paid the time-and-a-half that is legally required for employees working overtime.
The class action wage and hour lawsuit seeks to recover lost wages and unspecified additional damages for injured employees.
If you have a wage and hour claim in the Houston, Texas area, please contact the Houston employment law attorneys at Kennedy Hodges today to schedule your free initial consultation.
