A New York District court has provisionally certified a class of workers from the chain-restaurant Ruby Tuesday. The "tipped staff" workers (bartenders, servers and food runners) allege they were not allowed to enter overtime hours into Ruby Tuesday's time-keeping system. The plaintiffs had brought a collective action under the Fair Labor Standards Act and under New York and Florida state labor laws. They alleged that company policy prohibited employees from working overtime and that their hours were carefully monitored. As a result, they were forced to work before and after their assigned shifts (i.e. off the clock) to complete all required tasks. The plaintiffs were able to show that there were uniform job descriptions and tasks lists for the affected employees and provided declarations and testimony from employees in 8 different restaurants in 4 different states of the practice "off the clock" work.
The judge found that Ruby Tuesday had a uniform, centralized, and nation-wide policy that barred tipped staff workers from obtaining overtime pay. As such, class members' claims met commonality and typicality standards for class certification.
I do not represent anyone in this action. I have represented other individuals in class actions and FLSA collective actions related to improper overtime reporting. To find out how The Simon Law Firm can help, contact class action attorney Stephanie To.