The Charlotte Observer Reports on Lewis & Roberts' Wage & Hour Lawsuit Against Hickory Tavern
Lewis & Roberts recently filed a wage and hour lawsuit against Hickory Tavern for not properly paying its tipped servers. The lawsuit alleges that Hickory Tavern's treatment of servers violates the Federal Fair Labor Standard Act (FLSA). Hickory Tavern improperly required its tipped servers to work for pay below the Federal minimum according to the Federal lawsuit. The FLSA requires servers to be paid the Federal minimum wage of $7.25 per hour when they spend more than 20% of their time performing duties that do not generate tips. Servers call these duties "sidework." Sidework involves cleaning floors, restocking food items in the kitchen, emptying trash, bussing tables and sorting silverware for the next day's shift. Servers do not earn tips for performing these duties - and Hickory Tavern pays its servers only $2.13 per hour for doing sidework. As alleged in the lawsuit, servers at Hickory Tavern spent more than 20% of their time doing sidework. As such, Hickory Tavern underpaid its servers $5.12 for each hour they performed these duties. The lawsuit was filed in the Federal Middle District of North Carolina. Lewis & Roberts partners Paul Dickinson and Jim Roberts represent the plaintiff in the lawsuit.
The lawsuit is filed as a collective action on behalf of at least 250 servers working at 23 different Hickory Tavern restaurants in North Carolina, South Carolina, Alabama and Tennessee.
The Charlotte Observer article and accompanying video interview of our client can be viewed here. The Winston-Salem Journal and Charlotte's WSOC-TV have also reported on the lawsuit.
A more detailed description of the lawsuit with a link to a copy of the filed Complaint can be found here under our Wage & Hour page.