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Greene Turtle Wage Dispute Gets Class-Action Status

September 16, 2010
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Getting paid as a waiter or bartender is all about the tips, since the gig generally pays below minimum wage. What such workers may not know is that their employers, in order to offer such low wages lawfully, must formally notify them that they’re taking advantage of the “tip credit” provision of the Federal Fair Labor Standards Act.

According to a lawsuit brought this year against the Greene Turtle—which has numerous locations in Maryland, Delaware, Virginia, and Washington, D.C.—employees were not so notified, and as a result are claiming to be owed the difference between their actual wages and the minimum wage, along with proper overtime pay.

On Sept. 14, U.S. District Court judge Catherine Blake ruled (see memorandum, attached below) that the case can go class-action, meaning other Greene Turtle employees can opt to join as plaintiffs. Blake’s ruling noted that “it appears that the plaintiffs, and other similarly situated employees, may not have been informed that a tip credit was taken against the applicable minimum wage,” but added that she’s granting class-action status “without determining whether the plaintiffs ultimately will prevail, nor attempting to define the parameters of the statutory duty to ‘inform.’”

The plaintiffs’ attorney, Howard Hoffman, has a web page to inform and assist employees who may be interested in joining the case, and also issued a press release about Blake’s ruling (attached below).

Greene Turtle Memorandum

Greene Turtle Press Release

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  • Sweetrjbjr

    That is very funny – I have worked as a waitress for 20 years and I think I am very aware that you receive less than minimum wage and you live off tips – I wonder how many waitress/waiter/bartender report all their tips and make well over minimum wage – this is a joke and anyone that has any common sense will know that this is a waste of time.

  • B-morewaiter

    This is very helpful to tipped employees – the Greene Turtle admits that they did not pay overtime properly! How is not getting paid properly fair? The Greene Turtle gets plenty of money from beer sales – let them follow the law.

  • Grunner

    How many times do employers have to be told that they have to pay fair wages? Bars and restaurants get to pay their tipped employees a few bucks an hour – much less than the full minimum wage of $7.25 – why the special treatment? The tip is not paid by the employer but the customer – what matters is how much the employer pays. If the restaurants and bars do not comply with the law that gives them such favorable treatment, than they have to pay the full minimum wage – who is going to cry about that?

  • Ms.Blinkie

    Tipped employees work so hard and often get stiffed for tips – whatever they are owed is what they should receive.

  • Concerned

    There is nothing funny about a multi-million dollar restaurant chain violating the miniminum wage and ovetime laws. The fact that a waitress with 20 yrs of experience does not understand her rights merely demonstrates how easy it is to exploit tipped employees.

  • Ill Sell That

    Awesome!! I didnt do so for 20 yrs but I waited/bartended in my past and at any time would have taken a check for thousands of dollars the law said I was owed. This does not seem like a waste of time AT ALL if you worked at a GT in the past three years! What is the GT doing to open itself up like this? Wow. Looks like big trouble in China town! LOL!!