Waiter Sues Aquarius Seafood Restaurant Over Alleged ‘Tip Pooling Scheme’

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Alleged federal and state wage violations are at the center of a proposed collective action filed against the operating company and individual owners of Aquarius Seafood Restaurant.

The plaintiff works as a waiter at the Fort Lee, New Jersey restaurant and claims the defendants “unlawfully withheld and diverted” at least $400 of his earned tips on a weekly basis by requiring workers to contribute to an improper tip pool consisting of both tipped and non-tipped employees, including two managers.

“The FLSA [Fair Labor Standards Act] prohibits any arrangement between the employer and a tipped employee whereby any part of the tip received becomes the property of the employer. A tip is the sole property of the tipped employee,” the case reads.

The plaintiff further alleges he worked 49.5 hours each week for a fixed monthly salary of $500 that did not vary regardless of the number of hours he put in. This salary, paired with the defendants’ alleged tip deductions, deprived the plaintiff of the required minimum wage and proper time-and-a-half overtime pay, the suit argues.