Vinman Corp Named in Class Action Over FLSA Violations
Last Updated on May 8, 2018
Ungurait v. Vinman Corp. et al
Filed: May 1, 2017 ◆§ 3:17-cv-00780
Nashville bar and music venue 3rd & Lindsley, and one individual are the defendants in a former employee's proposed collective action.
Vinman Corp., which does business as Nashville bar and music venue 3rd & Lindsley, and one individual are the defendants in a former employee’s proposed collective action claiming he and other workers were not paid proper wages.
Noting allegedly Fair Labor Standards Act (FLSA) violations, the lawsuit claims the defendants’ servers were subject to a tip-credited $2.13 hourly wage, which, when properly executed, allows for employers to include in its calculations of workers’ pay “an amount equal to the difference between the promised tip rate of $2.13 per hour and the minimum wage rate of $7.25 per hour.” At the center of the case, however, is the defendants’ alleged policy of charging servers to handle the bill when customers walk out on their meal checks without paying.
The case highlights a specific incident from September 2016 in which customers walked out on a more than $171 bill for which the plaintiff claims the defendants forced him to reimburse the restaurant out of his own wages and tips. As a result, the plaintiff argues he was paid sub-minimum wages, not to mention required to perform non-tipped tasks around the restaurant, such as cleaning restrooms.
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