Experience. Dedication. Results.

Provisional Certification of Ruby Tuesday Employees Regarding Overtime Complaints

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.


Let Us Review Your Case

Fill out the form below for a free, no-obligation evaluation of your case. Our attorneys are ready to provide the representation you need. Please note that until we have entered into a written representation agreement with you, no attorney-client relationship is established. We will nonetheless keep all information you send us confidential.

  • Please enter your name.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please make a selection.
  • Please enter a message.
Why Choose The Simon Law Firm, P.C.
  • Our mission is to provide the highest-quality legal services with integrity, professionalism, and respect for our clients.

  • We handle our cases on a contingency fee basis, so you don't pay unless we recover for your case.

  • Since the firm was founded in 2000, we have obtained more than $1 billion in verdicts and settlements.

  • We have been named one of the "winningest firms" in the U.S. by The National Law Journal.