Class Action Accuses Dave & Buster’s in Two States of Skimping on Employees’ Wages

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Six operating companies that run Dave & Buster’s restaurants in Arkansas and Kansas are facing a proposed class and collective action filed by a woman who claims she worked for the defendants without being paid proper wages. According to the complaint, the plaintiff worked as a server at two restaurant locations in Little Rock and Kansas City and was paid $2.63 per hour plus tips. She argues that the defendants improperly applied a tip credit to her wages despite requiring her to spend more than 20 percent of each shift performing non-tipped activities, such as rolling silverware and cleaning.   

“Plaintiff and other servers were required to work at $2.63 per hour when the dining room was closed, when they were doing side work not in the dining room, and when they were doing cut work,” the complaint reads.

The case argues that the defendants did not distinguish between how much time servers spent on tipped and non-tipped activities and should have paid the workers the full minimum wage for their non-tipped work.