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Trade groups challenge DOL’s new tip pool rule for restaurant employees

Shook Hardy & Bacon LLP
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USA
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July 20 2012

Restaurant trade organizations, an Oregon restaurant and one of its employees, a server, have filed a complaint for declaratory and injunctive relief against the U.S. Department of Labor (DOL), alleging that its interpretation of the Fair Labor Standards Act, forbidding restaurants from distributing a share of tips to non-tipped employees, regardless of whether the restaurants use the tips as a credit toward paying their employees minimum wage, conflicts with a Ninth Circuit decision and will force the restaurants to incur significant costs or subject them to litigation

Restaurant workers sue Mario Batali and Joseph Bastianich

Shook Hardy & Bacon LLP
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USA
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August 20 2010

Renowned restaurateurs Mario Batali and Joseph Bastianich have reportedly been sued by workers in their East and West Coast restaurants

Fast food workers vote against unionizing

Shook Hardy & Bacon LLP
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USA
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October 29 2010

Employees at 10 Minneapolis-based Jimmy John's sandwich shops have reportedly voted against joining the Industrial Workers of the World (IWW), which has since alleged that the close election "was marred by misconduct."

California appellate court refuses to certify Chipotle employee class action

Shook Hardy & Bacon LLP
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USA
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November 5 2010

A California court of appeals has denied the request of a former Chipotle employee to certify a class of current and former non-managerial employees alleging that the company violated labor laws by denying them meal and rest breaks

Waffle house worker claims owner falsely reported that minimum wage was paid

Shook Hardy & Bacon LLP
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USA
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May 23 2011

A former employee of an Olathe, Kansas, waffle venue has brought a collective action against his employer alleging that it reported inaccurate tip earnings so that it would appear that his total earnings were compliant with the federal minimum wage

Former Chili’s employee sues over wages

Shook Hardy & Bacon LLP
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USA
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September 23 2011

A California resident has filed a putative class action against Brinker International, Inc., alleging that when she worked for one of its Chili’s Grill & Bar Restaurants she was not paid minimum wage, because the company “fraudulently and maliciously caused Plaintiff and Class members to make up the restaurants’ cash shortages.”

Batali and Bastianich settle wage claims for $5.25 million

Shook Hardy & Bacon LLP
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USA
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March 9 2012

Restaurateurs Mario Batali and Joseph Bastianich have apparently agreed to settle for $5.25 million wage-related claims in a class action filed by waitstaff at their New York City restaurants including Babbo, Bar Jamon, Casa Mono, Del Posto, Esca, Lupa, Otto, and Tarry Lodge

California Olive Garden workers bring wage-related claims

Shook Hardy & Bacon LLP
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USA
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March 23 2012

Two California men who allegedly worked as cooks at a Riverside County Olive Garden have filed a putative class action as private attorneys general under the California Labor Code, claiming that they performed off-the-clock work, were not provided meal or rest breaks as required by law or paid overtime, and had the cost of shoes deducted from their paychecks

Hard times for Hard Rock Café employees

Shook Hardy & Bacon LLP
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USA
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October 12 2012

A California court has reportedly denied a motion to certify a class of Hard Rock Café employees who allege that the restaurant chain wrongly classified them as exempt employees and then forced them to assume the tasks of non-exempt employees without paying them overtime or allowing them to take meal periods and rest breaks, and otherwise provided inaccurate wage statements

EEOC charges Burger King with religious discrimination

Shook Hardy & Bacon LLP
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USA
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August 24 2012

The Equal Employment Opportunity Commission (EEOC) has filed a Title VII civil rights action against a Burger King restaurant claiming that it failed to accommodate the religious beliefs of a Pentecostal Christian woman who sought to wear skirts or dresses to work instead of uniform pants

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