Arkansas Waffle House Server Files Wage and Hour Suit

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The operating companies of an Arkansas Waffle House restaurant have been named as defendants in a server’s proposed collective and class action over allegedly unpaid minimum and overtime wages.

The plaintiff regularly worked at the restaurant in excess of 40 hours each week for a tip-credited hourly rate of $2.63, the complaint says. According to the suit, the server spent a significant portion of his shifts performing non-tipped duties, including cleaning, cooking and dishwashing. The case argues that the defendants were not entitled to apply a tip credit to the man’s wages since he spent more than 20 percent of each workday performing tasks for which he could not receive tips. The server further claims the man is owed proper time-and-a-half overtime pay based on the full minimum wage.