Suit Says MC Miami Enterprises Denies Employees Proper Wages

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MC Miami Enterprises, LLC is on the receiving end of a proposed class action lawsuit that claims it fails to pay its employees proper minimum and overtime wages. The plaintiff, who was employed at the defendant’s restaurant, says he often worked between 45 and 60 hours per week, and was paid at a tip-credited rate. Under the Fair Labor Standards Act, employers are permitted to pay tipped employees less than minimum wage if they satisfy the requirements to take a tip credit, the complaint says. The suit argues, however, that MC Miami cannot claim a tip credit because it allows non-tipped and managerial employees to participate in the tip pool, depriving tipped employees of the full retention of their tips. The complaint further claims that employees were required to perform work “off the clock,” clean the restaurant, and attend meetings for which they were not compensated.