BJ’s Restaurant & Brewhouse Hit with Suit Over Tipped Servers’ Wages

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The companies that operate BJ’s Restaurant & Brewhouse in Little Rock, Arkansas are facing a proposed class and collective action in which the plaintiff claims defendants BJ’s Restaurants, Inc. and BJ’s Restaurant Operations Company improperly applied a tip credit to servers’ wages. The plaintiff says she and members of the proposed collective spent more than 20 percent of their time performing non-tipped tasks, which the lawsuit argues thereby required the defendants to pay at least the $7.25 federal hourly minimum wage. 

“Upon information and belief, [the defendants] do not distinguish between time spent by servers on tipped work and time spent by servers on non-tipped work,” the case asserts.

The lawsuit calls the defendants’ alleged violations of the Fair Labor Standards Act (FLSA) and Arkansas Minimum Wage Act willful and intentional.