Villagio of Sawgrass Named in Lawsuit Alleging Unpaid OT, Improper Tip Credit

New to ClassAction.org? Read our Newswire Disclaimer

Villagio of Sawgrass, Inc. and two individuals with control over the company are defendants in a former server/non-exempt manager’s wage and hour lawsuit that claims the Sunrise, Florida restaurant failed to pay appropriate wages, as well as applied a tip credit on worker’s pay even though he was required to spend more than 20 percent of his work time performing non-tipped tasks. Citing potential Fair Labor Standards Act (FLSA) violations, the complaint claims that the plaintiff, whose supervisory/management duties ran parallel to his serving tasks, was paid some overtime by the defendants, but that these wages were at a lower rate than should have been applied under federal law.

“Since the plaintiff was employed in two different positions with different rates of pay, [the defendant] was required to pay [the plaintiff] overtime based on a blended rate,” the lawsuit asserts, specifying that, on top of his serving duties, the plaintiff “would perform management functions that are typically performed by a non-tipped employee while in the tipped position of server” including (but not limited to) supervising others, using his manager’s keycard, and addressing customers who wished to speak with management.

The lawsuit claims current and former servers, hostesses/hosts, bussers, bartenders, bar backs, cooks, dishwashers, food runners and non-exempt managers who worked for Villagio of Sawgrass between September 28, 2014 and the present may be owed unpaid wages.