LongHorn tip credit class action lawsuit overview:
- Who: Ashleigh Patton filed a class action lawsuit against Rare Hospitality International Inc.
- Why: Patton claims Rare Hospitality failed to pay the proper minimum wage to workers at its LongHorn Steakhouse restaurants who operated on a hybrid sub-minimum wage and tips basis.
- Where: The class action lawsuit was filed in South Carolina federal court.
Rare Hospitality International failed to pay all the minimum wages owed to workers at its LongHorn Steakhouse restaurants who were compensated on a hybrid sub-minimum wage and tips basis, a new class action lawsuit alleges.
Plaintiff Ashleigh Patton claims LongHorn Steakhouse tipped employees’ were underpaid since they were allegedly required to perform “non-tipped side work” that was “unrelated to the tipped profession.”
Patton argues tipped employees were required to spend more than 20% of their time at work and “continuous periods of time exceeding 30 minutes” engaged in “nontipped side work related to the tipped profession.”
LongHorn Steakhouse, meanwhile, used a “tip credit” system for paying its tipped employees — meaning it could include their tips in the calculation of their wages — but failed to provide adequate notice of this to tipped employees, the LongHorn class action alleges.
LongHorn Steakhouse employees not adequately informed of ‘tip credit’ policy, class action says
“Defendant maintained a policy and/or practice whereby they failed to provide tipped employees with the statutorily required notice that Defendant intended to pay tipped employees the tipped minimum wage rate,” the LongHorn class action states.
Patton wants to represent a class of all current and former employees of LongHorn Steakhouse who are or were paid on a hybrid of a sub-minimum wage hourly pay and tips within the past three years.
Rare Hospitality International is accused of violating the Fair Labor Standards Act (FLSA). Patton is demanding a jury trial and requesting an award of back wages and liquidated damages for herself and all class members.
A similar class action lawsuit was filed last year against Carraba’s Italian Grill LLC over claims the company took advantage of tip credits to pay its tipped employees below the legal minimum wage rate.
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The plaintiff is represented by Jacob J. Modla of The Law Offices of Jason E. Taylor PC.
The LongHorn tip credit class action lawsuit is Patton, et al. v. Rare Hospitality International Inc., Case No. 3:23-cv-00331, in the U.S. District Court for the District of South Carolina.
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41 thoughts onLongHorn Steakhouse class action claims restaurant failed to pay employees correctly, advise of tip credit
And it only got worse , mg violated cash handling policy by never counting my drawer in front of me , even giving me task like putting away liquor orders or Togo supplies orders or even helping others , while they counted my money. Dardens new paying options like using their phone or kiosk to pay the bill , would print out little slips of paper I had to keep and remember to take out the drawer since it didn’t automatically open a drawer I would accidentally leave some tips in the drawer I would tell mgs that and they would keep the extra tips and never give them to me , when I finally contacted both state and federal labor department about what they paid me and asked me to do ,both state and the federal said I should have been paid the $13.50 , I made this argument to the mgs without telling them I talked to the labor department and she actually said “ it is illegal to pay me what I was originally paid “ oh really , so both the state and federal labor department lied to me. I keep making this inquire . For three years water leaked from our roof right on top of where bartenders stood to make drinks , after one day putting down a bucket down to catch the water because our drains where backed up , I saw foaming green and yellow water with bugs swimming around in it , could only assume bird , rodent and insect excrement was in the water that leaked on our heads for 3 years , after hearing my DO inquire why it hadn’t been fixed , I waited 4 months and called the health department . My store failed its health inspection 3x in a row , so my mg was on thin ice . After making the numerous pay inquires and my health department call , I was terminated for a infraction absolutely no one in my store had been terminated for even though my mg said she fully believed it was a accident and not done for me to benefit because I didn’t benefit , their multiple non tolerance infractions where done intentionally to benefit and been given multiple warnings and chances. I fully believe it was retaliation for my pay inquires and health department call.
Longhorn is a great place to work when the mg team follows the rules and leaves the game of thrones political games outside the store . Longhorn should revamp bonuses to mgs to stop them from potentially violating state and federal law in their treatment of staff . And remind them that a tip is the property of the person who earned it , and not the property of who ever counts the drawer without anyone there or accounting of the money they stole.
Forced to do 4 jobs for 3.85$ a hour
I am the secretary forced to answer phones ( while mgs are literally doing nothing or eating )
Forced to do Togo easily spending 50% of my shift on the phone taking and inputting orders in , packing them up , and walking to the parking lot for car side service
Because of Togo being busy mg’s will tell the host to skip me in the rotation , making me make less money for what I was hired for to make Darden money that I’m not tipped for , my tip % went from 27% to 13% of my sales
On top of my tip earning limited for Togo , I’m forced to tip out on all my in-house sales , even though majority of my tips are made at the bar were I receive no aid from anyone in the restaurant. My tip out % is double what servers tip out who do nothing but take orders and bring out food , host completely cleans and re sets tables
The host does absolutely nothing for me or guest who sit at the bar , they take more from me so the store doesn’t have to pay the host more
And I’m forced to do all that when neither the night bartenders or other mourning bartenders are asked to do , only make on the bar so I think this violates equal work equal pay , being I’m the only guy and the others are all girls , who get to complain and refuse doing work I’m not allowed to refuse to do
Car side service has added miles to what I walk everyday , they take a tip credit on me but pay the Togo person who comes end at the end of my mourning shift 3x what I’m paid , when they only have the one responsibility and aren’t asked to tip out.
Darden extorts and abuses tip credit
I worked at Longhorn Steakhouse for 2 years. Our hourly pay never sat right with me, even on good days, because of the side work and late hours we were there. Just to make sure that I could get out CLOSE to what was scheduled, I had to be on top of my side work the whole time, while serving and doing everything else that was required. Gaslighted and manipulated into being grateful to have a job was the norm. It was my first serving experience and I was grateful, so I just put up with it. I haven’t been in the industry since.
I worked at Longhorn for a year during covid. I pulled a double on Christmas Eve and didn’t break $100. I got yelled at the whole time and had 2 panic attacks on the floor. I had coworkers with diabetes not getting enough breaks, coworkers with POTS actively passing out at work and not being sent home, and lies about potential covid cases in the restaurant. I would be given my last table for the day around 7:30, about 2 hours into the night shift. But I would NEVER get to leave then, and I don’t just mean side-work wise. Management would purposefully not cut people from the floor. We’d wait hours for a table, making $2.13. And then they’d let you eventually get sat one last time just to ensure you stay super late for no reason. I’d walk out of a normal dinner shift with at MOST $75 in tips. Usually closer to $30. 5-6 hour shifts. In the worst industry, during a global pandemic. To be clear, Longhorn is by far the only restaurant doing this. Tipping as a system is completely archaic and almost no other countries use it. Pay your servers a f****** living wage and stop sneakily getting them to work extra for you while you pay them nothing. It’s insidious. I hope everyone gets what’s owed to them with this case.
Iv worked for longhorn 5 yrs I’m from Ga then moved to Alabama plz tell me why I do parties an don’t get paid if I refuge the parties they will fire you I’m sick of giving my services for free this is not right
I have worked as a server for long horns for 8 years I wanna know what are my rights and compensation that Iam owed for Hour to two hour side work
1 year of ridiculous side work, Longhorn abuses and their CEO encourages it. Contact.