Baires Grill Improperly Applied Tip Credit to Busser’s Wages, Lawsuit Alleges

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Three operating companies of Baires Grill restaurants are on the receiving end of a lawsuit filed by a former “wait-staff busser” who alleges he was paid at a rate below the federal minimum wage.

According to the case, the plaintiff worked at three Miami-Dade county, Florida restaurants operated by the defendants from September 2015 to June 2018 and was paid at a “reduced wage rate of pay.” The companies supposedly took a tip credit against the man’s wages to which they were not entitled, partly due to the fact that bussers do not customarily receive tips and “are not ‘tipped employees’ within the meaning of the FLSA [Fair Labor Standards Act],” according to the suit.

The plaintiff seeks to recover allegedly unpaid minimum and overtime wages and charges the defendants “knowingly and willfully” disregarded the pay provisions set forth by the FLSA.