To provide for their families, many employees work in restaurants as servers. These workers acknowledge that they will be paid a lower wage per hour, but they will also receive money in tips. If Texas workers are performing duties that do not allow them to earn tips, but they are still paid the same low server wage, the company may be in violation of wage and hour laws and the Fair Labor Standards Act.
Two servers who worked for Hooters are claiming that they were not paid appropriately. One of the women was a server and the other was both a bartender and a server. According to the lawsuit, Hooters servers are paid $2.13 per hour along with their tips. The problem arose, however, when the servers were required to perform duties that did not provide them with tips, such as cleaning and prep work. They claim that they were still paid the server rate instead of the minimum wage.
The plaintiffs also claim that they were required to give a portion of their tips to workers who were not involved with customers. In addition, they were required to attend meetings before their shifts as well as other requirements after their shift had ended that were paid at their server wage. They believe that, when they were doing work that would not provide them with tips, they should have been paid minimum wage during that time.
The women are looking to be awarded any unpaid compensation as well as any overtime pay to which they believe they are entitled. It is best practice for Texas employees to be proactive and keep an account of the hours that they work and what they should be paid. If workers believe that there is an error on the check, they should bring it to their supervisor's attention to have it corrected. If the decision is made to not pay the workers and they still believe that they are owed money, they may choose to pursue legal action under our wage and hour employment laws.
Source: al.com, "Lawsuit filed against Hooters restaurant in Trussville over server pay and tip-sharing", Kent Faulk, Jan. 19, 2015