Harry's Continental Kitchens Named in FMLA, FLSA Class Action

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Continental Kitchens, Inc., which does business as Harry’s Continental Kitchens, and its proprietor are the defendants in a proposed class action lawsuit over alleged violations of the Family and Medical Leave Act and the Fair Labor Standards Act.

The case claims the plaintiff was not paid the proper minimum wage as a result of the defendants allegedly taking a tip credit on her wages to which the company was not entitled. The plaintiff says she and proposed class members were unlawfully forced to tip out 20 percent of their tips from each shift into a pool where the money would go to employees such as managers and supervisors who typically do not receive tips from customers.

In addition to the above-described alleged wage violations, the plaintiff says she was terminated for attempting to exercise her rights under the Family Medical Leave Act (FMLA). In October 2016, the plaintiff claims she requested leave to tend to a medical condition that required her to stay off her feet for a minimum of three days. The defendant allegedly failed to notify the plaintiff of her FMLA rights and fired her, even after she submitted medical documentation supporting her doctor’s orders.