Doux Supper Club Faced with Former Bottle Server’s FLSA Suit

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Citrine Lounge LLC and two individual owners have been hit with a proposed collective action that takes issue with the pay practices at their restaurant, Doux Supper Club. The plaintiff claims she worked for the defendants as a bottle server and, for most of her employment, was paid an hourly tip-credited wage of $7.50, plus between $700.00 and $1,500.00 in tips per week. The lawsuit argues that the defendants were not entitled to apply a tip credit to the plaintiff’s wages because they required her to participate in an illegal tip pool from which non-tipped workers, such as busboys and doormen, were compensated. Further, the plaintiff was apparently never given notice of the tip credit, as required under the Fair Labor Standards Act (FLSA). As a result, the case alleges, the plaintiff should have been paid at least the full minimum wage for all hours worked.

Adding to the supposed infractions, the lawsuit claims the plaintiff was paid no wages at all for approximately six weeks of work throughout her employment.