Abraham Jewett  |  February 1, 2023

Category: Labor & Employment

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Exterior of a Longhorn steakhouse location.
(Photo Credit: Jonathan Weiss/Shutterstock)

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

  1. Ashley h says:

    I want to be contacted. Staying hours after my tables have gone, to do their extra work they cant hire someone else for, burnt holes in my babysitting money. . They are a scummy company and continue to crap on their employees

  2. Micah Clark says:

    i’ve worked at longhorns for half of an year, i would like to be contacted if i can qualify

  3. Devon Moran says:

    Iv worked for longhorn for 3 years as a hot and for the amount of work us host do we get payed extremely low while other restaurants host are getting oayed 15 an hour plus tips. At the longhorn im working at I’m getting 6.50 an hour plus tips and that’s extremely low. Us host do a. Lot work such as seat, clean tables l, clean the floors, clean up bodily fluids, clean the bait rooms, roll kids silverware etc. we get payed horrible.

    1. Devon Moran says:

      I have worked at longhorn steakhouse for 3 years as an host and have done jobs that were not intitled on my job listing such as roll silverware, run food, clean bodily fluids and all for low pay. Some days it cost me more to drive there than what I make that day. I also train people and do not get payed for xtra for that and so times I’ll train people and they will quit the next week so I wasted my time to try and train someone if, also we do so much work for such little pay as a host we seat people, clean tables , clean the floors, dust the walls and other things on the walls , clean up bodily fluids etc. all for 6.75 an hour plus tips that’s not enough money. If I qualify please contact me

  4. Sage Havner says:

    I’ve worked for longhorn for 2 years and have spent 40 minutes alone rolling silverware at the end of my shifts, that doesn’t include hokeing my section, completely clearing and wiping my tables, and additional side work to help set up for the next shift. I probably spent atleast 40% of my time clocked in doing side work and not working my tables. I’ve had to wash dishes because managers claim that isn’t their job and or wait for managers to get around to washing dishes before i even started to polish and roll it.

  5. Melissa Figiel says:

    I worked at Longhorn as a hostess (service assistant) for a year and clearly remember getting underpaid. Please contact me with regards to this. Thank you.

  6. Monica Dadds says:

    I worked for longhorn about 5 years and did at minimum an hour of side work at the minimum pay of 2.13 an hour and worked almost full time each week …and did many other duties not related to serving for less than minimum wage ..I would join with other for reimbursement if this becomes a class action suit …

  7. Rebecca morgan says:

    My name is Rebecca Morgan I worked for longhorn Steakhouse for over a year and 4 months. I would like to contacted to see if I qualify.

  8. Rebecca morgan says:

    I worked for longhorn for over year as a host server and food runner. As a host I would end have to do other people job outside my position like running food and time I would have to roll silverware to only be making 6 dollars an hour. Some days the place would be dead and it would cost me more to get there then what I made that day. Sometimes the manager would scheduled as a host and when I get to work the make me clock in as a host and to go server. Making me feel over worked and feel forced to do two job title and still only making 6 dollars and if I’m lucky if people tip for to go and get that but I feel like I was unfair and overwork and underpaid working 11 days in a row getting called in my only day off

  9. Sandra Huebbe says:

    I work at longhorn steakhouse I’ve been there for 2 yrs. I wld like to be contacted to see if I qualify

  10. Frank M Hoepelman Amaro says:

    I worked at Longhorn in NY for 3 years on a grand opening worked as a cook server host unloading trucks rolled sliver wear even dish washer through out my time there clocking in a average of 47 hours a week and was not paid extra how do I get involved.

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