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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.
Have you been underpaid by your employer? Tell us about it in the comments below.
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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39 thoughts onLongHorn Steakhouse class action claims restaurant failed to pay employees correctly, advise of 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.