Arkansas IHOP Operator Hit with Wage and Hour Lawsuit
Last Updated on December 19, 2018
Boone et al v. Golden Cakes Inc et al
Filed: May 9, 2018 ◆§ 4:18cv311
An Arkansas IHOP operator faces a lawsuit in which two former employees claim at an improper tip-credited hourly rate.
Arkansas
Arkansas IHOP operator Golden Cakes, Inc. is the defendant in a proposed class/collective action filed by three former employees over alleged wage and hour missteps.
According to the 18-page suit, the plaintiffs were paid a $2.63 tip-credited hourly rate when working as servers and $8.50 when working as cooks. The plaintiffs, the lawsuit says, spent more than 20 percent of their work time handling non-tipped duties, including taking phone orders, prepping food, cleaning, and rolling silverware, for which they should have been precluded from receiving a tip-credited hourly wage. The defendants, the case argues, should have instead paid the plaintiffs and those similarly situated at least the full minimum wage for any work time spent performing non-tipped duties.
Further, the suit alleges the defendant failed to pay the plaintiffs, both servers and cooks, for every hour worked. Per the complaint, the plaintiffs’ timesheets often reflected fewer hours than the individuals had actually worked in a given week.
Lastly, the case claims the plaintiffs were required to unlawfully report a tip credit of more money than they had actually earned in tips in order to make it appear as though they had been paid a proper minimum wage. In other instances, the suit says, the plaintiffs were required to claim tip credits even when they had not received any tips.
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