Despite a federal appeals court's recent ruling that restaurants aren’t necessarily breaking federal labor law by requiring tipped servers to perform tasks other than waiting tables, a Chicago federal judge has decided to allow servers at several suburban Buffalo Wild Wings franchise locations to sue their employers for that same reason.
Two Chicago area women have dished out a potential wage-and-hour class action lawsuit against restaurant chain TGI Friday’s, alleging their former employer maintained a vacation pay policy that violated Illinois law, and did not properly pay employees who quit or were fired for the vacation time they had accumulated while they worked at the restaurants.
Happy returns? Restaurateurs, lawyers watch to see how no-tipping policies impact profits, labor litigation
As the calendar moves into 2016 and beyond, the hospitality industry could see a growing shift among restaurants to no-tipping policies, should restaurateurs across the country see many happy returns for the handful of dining establishments that have already eliminated tipping – and see whether the change might help delete lawsuits over the treatment of tipped employees from the country’s litigation menu.