Sam’s Southern Eatery Servers Accuse Employers of FLSA Violations

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Two current employees of four Sam’s Southern Eatery restaurants have filed suit against their four respective operating companies and an individual who controls the business over claims that the defendants fail to pay them proper wages in violation of the Fair Labor Standards Act (FLSA). The plaintiffs claim they work as servers at the defendants’ restaurants without being paid the federally mandated minimum wage. According to the complaint, the restaurant operators illegally withhold a portion of employees’ tips and require them to spend time performing non-tipped duties. As a result, the suit alleges, the defendants are not entitled to take a tip credit from the plaintiffs’ wages and must pay them the full minimum wage.

One of the plaintiffs says she also works as a manager at one of the defendants’ restaurant locations and is regularly required to work “well over” 40 hours per week, and sometimes more than 80, without being paid FLSA-mandated overtime wages.