A movie chain based in Dallas, Texas, is being accused by an employee who works for the company in another state of not being paid appropriately. The class-action lawsuit was filed in a federal court against Movie Tavern Partners, Southern Theaters and ten other unnamed defendants. The defendants are being accused of a failure to pay minimum wage as well as other labor violations.
According to the complaint, the main plaintiff worked for the theater chain as a runner. She alleges that she was not paid minimum wage for the hours that she worked. This was due to the defendants applying a tip credit against her pay so that the resulting hourly wage fell below the minimum.
The law states that the employers can pay workers less than the minimum wage when the tips are applied, but that can only happen if the tip credit wage and the tips from customers evens out so that the minimum wage is ultimately met. The employers must also alert workers that it will be taking a tip credit and how much of a credit will be taken. In the lawsuit, the employees were not notified about the tip credit or the amount to be taken. The movie chain also is being accused of applying the credit and then only giving workers the tip-credit wage.
In the lawsuit, the defendants are being accused of a failure to pay minimum wage and unlawful wage practices that are in violation of the Fair Labor Standards Act and Pennsylvania Minimum Wage Act. The plaintiff, as well as the other similarly situation workers, are asking for their unpaid wages, legal fees, monetary damages and any other compensation the court wishes to award. Texas workers should always be mindful of the way in which they should be paid and closely inspect their pay checks for discrepancies. If the errors are not corrected in a satisfactory manner, the employees may consider consulting with someone knowledgeable in employment law.
Source: pennrecord.com, "Pennsylvania movie employee alleges minimum wage violations", Aug. 20, 2015