Tipsy Joe server tips $295K class action settlement

Tipsy Joe agreed to pay $295,000 to resolve claims it failed to provide adequate tip credits to servers.

The settlement benefits individuals who worked as servers at the Tipsy Boar Gastropub in Hollywood, Florida, between Feb. 5, 2017, and Aug. 2, 2022.

The Tipsy Boar is a gastropub that serves beer on tap, food items and more. Although the company gets rave reviews for its food and drink, Tipsy Joe — the restaurant operator — allegedly shortchanges its servers with deceptive tip policies.

According to a class action lawsuit, Tipsy Joe took a tip credit from workers which should have been shared with servers under Florida labor laws. The company allegedly failed to provide its servers with adequate notice of tip credits and failed to compensate these workers with applicable reduced wage rates. 

Instead of being compensated according to the Florida Minimum Wage Act, Tipsy Boar servers were denied minimum wage by being forced to work off the clock, the plaintiffs contend. In addition, these workers were allegedly forced to participate in tip pooling with other employees, denying them the full tips left by customers.

Plaintiffs in the case argue they were owed the full tip credit taken by Tipsy Joe, the tips left to them, wages for off-the-clock work and other benefits.

Tipsy Joe hasn’t admitted any wrongdoing but agreed to resolve these allegations with a $295,000 class action settlement.

Under the terms of the settlement, class members can receive a cash payment based on the number of weeks they worked at the Tipsy Boar Gastropub. 

Payments will vary but are estimated to be between $25 and $2,500 and will be proportional for each class member based on their employment history. For example, class members who worked every week during the class period will receive a larger payment than those who worked only half of the weeks during the class period.

Each settlement payment will be considered 50% wages and 50% non-wages for tax purposes. Class members may receive tax forms to report their payments and may want to consult with a tax professional about the consequences of this reported income.

The deadline for exclusion and objection is Oct. 31, 2022. 

The final approval hearing for the Tipsy Joe settlement is scheduled for Jan. 6, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by Oct. 31, 2022.

Who’s Eligible

Individuals who worked as servers at the Tipsy Boar Gastropub in Hollywood, Florida between Feb. 5, 2017, and Aug. 2, 2022.

Potential Award

Varies

Proof of Purchase

Proof of purchase not applicable

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

10/31/2022

Case Name

Windheim v Tipsy Joe Corp et al., Case No. 22-60278-CIV-ALTONAGA/Strauss, in the U.S. District Court Southern District of Florida

Final Hearing

01/06/2023

Settlement Website

TipsySettlement.com

Claims Administrator

Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
Claims@simpluris.com
888-369-3780

Class Counsel

Jordan Richards
USA EMPLOYMENT LAWYERS JORDAN RICHARDS PLLC

Defense Counsel

Scott Mager
Jesse Fulton
MAGER PARAS LLC