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Texas Roadhouse, Inc. settles its beef with wait staff for $5 million

Epstein Becker Green
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USA
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May 7 2012

The restaurant and hospitality industries are no strangers to the tidal wave of wage and hour class action lawsuits

Are your employees' tips subject to garnishment?

Epstein Becker Green
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USA
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March 29 2012

Wage garnishment can pose a number of potential problems for hospitality businesses

National restaurant chain seeks guidance from U.S. Supreme Court on tip credit

Epstein Becker Green
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USA
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October 26 2011

With the recent surge in class action wage and hour lawsuits, hospitality employers have developed a heightened sensitivity to tip pooling arrangements, distributions of service charges to employees, and application of the “tip credit.”

N.Y. Court allows restaurant servers to pursue class claims against Batali restaurants due to tip policy

Epstein Becker Green
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USA
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May 13 2011

On May 10, 2011, the Southern District of New York conditionally certified a collective action against eight New York metropolitan area restaurants owned by celebrity chef Mario Batali alleging violations of the Fair Labor Standards Act

Maryland restaurant owner who also worked as a bartender is ineligible to receive tips

Epstein Becker Green
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USA
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March 16 2011

A Maryland federal court recently ruled in Gionfriddo v. Jason Zink LLC that the owner and operator of two taverns could not qualify as a “tipped employee” under the Fair Labor Standards Act (“FLSA”) and the Maryland Wage and Hour Law despite that he also worked as a bartender at his establishments

H-2B reimbursements

Epstein Becker Green
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USA
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February 28 2011

On February 15, 2011, the United States District Court for the Western District of New York denied a motion to dismiss a complaint by foreign H-2B workers that alleged that their employer violated the minimum wage provision of the Fair Labor Standards Act (FLSA) by refusing to reimburse the workers' transportation, visa and recruitment expenses

Restaurant waives overtime defense under FLSA

Epstein Becker Green
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USA
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December 21 2010

The U.S. Court of Appeals for the Eleventh Circuit’s recent decision in Diaz v. Jaguar Rest. Group, LLC underscores the importance for hospitality employers to know which job duties their employees are performing in order to assert every potentially applicable affirmative defense when answering an employee’s FLSA lawsuit for non-payment of overtime

U.S. Department of Labor to refer employees to plaintiffs' lawyers

Epstein Becker Green
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USA
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December 14 2010

It is no secret that employers have been beseiged by wage-hour litigation, including wage-hour class actions and collective actions

Missouri man convicted in scheme to place undocumented workers in hotels

Epstein Becker Green
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USA
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November 29 2010

On October 28, 2010, a Missouri man was convicted by the U.S. District Court in Missouri for his role in a racketeering scheme that involved placing undocumented workers at hotels in 14 states, including several hotels in the Kansas City, Missouri, area

Fifth Circuit rules that hotel workers on H-2B visas are not entitled to recoup visa expenses under FLSA

Epstein Becker Green
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USA
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October 26 2010

On October 1, 2010, the U.S. Court of Appeals for the Fifth Circuit decided Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942 (5th Cir. Oct. 1, 2010) (en banc

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