Little Rock On the Border Operator Hit with Unpaid Minimum Wage Case

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A proposed class and collective action has been filed against OTB Acquisition LLC in which the plaintiff claims the Little Rock On The Border operator failed to pay servers proper wages due to the inappropriate application of a tip credit. The plaintiff alleges that despite servers’ pay being subject to a tip credit, the workers were required to spend more than 20 percent of their days handling non-tipped tasks around the restaurant. Given their actual job duties, servers should have been paid at least the federal minimum wage of $7.25 per hour, the complaint says.

“[The 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 also when they were doing cut work,” according to the lawsuit. “Upon information and belief, [the defendant] does not distinguish between time spent by servers on tipped work and time spent by servers on non-tipped work.”