Bourbon Street Pub, One Other Facing Unpaid Wage Action

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Bourbon Street Pub, Inc., New Orleans House of Key West, Inc., and one individual are the defendants in a proposed class action that claims the Florida entities failed to pay certain workers proper minimum and overtime wages.

The plaintiff, who the lawsuit says was employed by the defendants as a bartender from 2009 through November 2016, alleges he and similarly situated workers were unlawfully forced to pool their tips with customarily non-tipped workers even though the defendants took a tip credit on the workers’ wages. Under the FLSA and Florida minimum wage law, employers cannot force workers to pool their tips if the company does not provide workers with notice that the tip credit will be taken and if tipped workers are forced into an invalid tip pool with non-tipped workers, the lawsuit says.

On top of using a tip credit on workers’ wages, the defendant also allegedly refused to allow bartenders to clock in during certain shifts, thereby insuring the individuals were not paid for those hours worked.