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A Denny’s server who was paid $3.75 an hour working at a diner in Massachusetts alleges she and other servers were underpaid by the chain, according to a new class action lawsuit.
Plaintiff Jillian Parker filed the class action lawsuit against Denny’s Thursday in a Massachusetts federal court, alleging the diner had violated the Fair Labor Standards Act (FLSA).
She says, under the tip-credit provisions of the FLSA, Denny’s is allowed to pay her and others less than minimum wage and take a “tip credit,” as long as it meets certain requirements.
However, she alleges those requirements weren’t met, resulting in her and others in her position being underpaid in the eyes of the law.
According to the class action, an employer is not permitted to get a tip credit against its minimum wage obligations when it fails to inform employees of the tip-credit subsection of the FLSA.
It also cannot get its employees to perform non-tipped work that is unrelated to their tipped obligations, or when it requires them to do non-tipped work more than 20 percent of the time.
However, in Parker’s case, she says she was only paid $3.75 per hour while doing non-tipped work more than 20 percent of the time and being kept in the dark about the tip-credit subsection of the FLSA.
Parker claims she and other similarly situated workers had to clean the restaurant, slice lemons, roll silverware and fill seasoning containers before serving customers — all jobs that aren’t able to garner tips.
The Massachusetts’ minimum wage is currently $13.50 per hour, the class action states. From 2017 to 2019 it was $11 per hour. The hourly rate for tipped servers is currently $5.55.
Parker is looking to represent all current and former tipped employees of Denny’s who worked for the diner and were not compensated properly under the FLSA. She also seeks to represent a Massachusetts Class.
She is seeking certification of the class action, an injunction, unpaid wages, damages, costs and expenses.
This is not the first time Denny’s has faced class action under the FLSA. In 2016, a group of Denny’s employees in California asked a federal court to approve a $950,000 settlement over allegations of wage and hour law violations by the restaurant chain.
What do you think of Denny’s alleged pay practices? Let us know in the comments!
The plaintiff is represented by David Pastor of Pastor Law Office LLP, James L. Simon of the Law Offices of Simon & Simon; Gerald D. Wells III and Robert J. Gray of Connolly Wells & Gray LLP; Edwin Kilpela and Elizabeth Pollock-Avery of Carson Lynch LLP; and Clifford P. Bendau II of Bendau & Bendau PLLC.
The Denny’s Minimum Wage Labor Laws Class Action Lawsuit is Parker et al v. Denny’s Inc., Case No.4:21-cv-10886, in the U.S. District Court for the District of Massachusetts.
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4 thoughts onDenny’s Hit With Class Action Lawsuit for Allegedly Underpaying Its Servers
san antonio tx dennys on 35 and militarydr . like other local restraunts has cartel activity and employees who have attempt assault with a tazor in restraunt . same people at ihop down the street were employees tryed to assault me linda ward and jermy ward are tied to this and even sapd allows it .. everythang also stolin from me ideinty land thousands of dollars , .. people becareful
The Dennys at 800 Watt road in Knoxville Tennessee is extremely dirty and nasty. If you value your health you will not eat there. I have warned you.
March 19th 2022 approximately 11:20 p.m. I arrived at Denny’s restaurant in O’Fallon Illinois where I was treated me like the s word. I walked inside the restaurant I noticed only one black person in there, not unusual for O’Fallon Illinois however there was a line, a group of whites, a 58 year old black male which is myself and behind me no one for at least 45 minutes I figured business was slow but come to believe there were other reasons after a group of whites showed up behind me at that time a waitress come to the line walk past me and try to assist the group of whites behind me I inform them that I was standing here they act like I wasn’t there and still offered them a second option and still not serving me. I’m not believing what I’m seeing because in my 58 years I have never been a part of racism. It hurts a lot and feels like crap I wish I was a part of the group that sued Denny’s or wish I had a case and a lawyer is there anything I can do?
If you want sufficient information and proof contact me.