Pier A Servers Accuse Employer of Illegal Tip Pooling

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Two servers who worked for Pier A Battery Park Associates, LLC have filed suit against the company and two individual owners. The defendants own and operate a banquet hall in New York’s Battery Park and pay their servers a less-than-minimum hourly wage plus tips, according to the plaintiffs. The suit alleges, however, that the defendants are not permitted to take a tip credit because they require employees to perform non-tipped duties for at least 20% of each workday and allow non-tipped employees to participate in the tip pool. As a result, the complaint argues that the plaintiffs and similarly situated employees should have been paid the full minimum wage to be in compliance with the Fair Labor Standards Act.