Sarah Mirando  |  April 27, 2012

Category: Labor & Employment

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Ruby Tuesday Wage & Hour Class Action Lawsuit

By Mike Holter

 

Ruby TuesdayA group of Ruby Tuesday bartenders and servers in New York and Florida have filed a class action lawsuit against the restaurant chain for unpaid wages, unpaid overtime and other labor law violations.

The workers claim in the class action lawsuit that they were forced to work off-the-clock and were not paid for all the actual hours they worked. This is because the restaurant allegedly only allows employees to clock-in once customers arrive, and then requires them to clock-out after the last customers leave, even though employees are required to work before and after these times. As a result, the workers claim they were not paid minimum wage for the actual hours they worked and did not receive overtime compensation for hours they worked over 40 per week.

In addition, the Ruby Tuesday workers allege in the overtime class action lawsuit they were did not receive spread-of-hours pay, or an extra hour’s wage for every shift over 10 hours. Ruby Tuesday is also accused of improperly deducting money from bartenders’ tips by illegally forcing them to use their own tips to make up for cash shortages in the tip pool allocation between bartenders and servers, food runners and hosts.

The Ruby Tuesday wage class action lawsuit is seeking compensation for unpaid wages with interest, liquidated damages, unpaid overtime, unpaid spread-of-hours, reimbursements for money taken from the bartenders’ tips, and attorneys’ fees and costs.

 

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Updated April 27th, 2012

 

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42 thoughts onRuby Tuesday Wage & Hour Class Action Lawsuit

  1. DLK says:

    I’ve seen this happen in 3 different stores I worked in over the 10 years I was with them and I was always given the choice… I chose to have my hours rolled back and wait to clock in because I really didn’t give a crap about the 2 dollars… I only cared about my tips, which was way more than my hourly wage. I was never forced to have my hours rolled back unless I wanted it that way.

  2. Donnie Carter says:

    Hey I was a server and bartender at Ruby Tuesday in Alabama,DC and Atl from Oct 07-April 10 and this was a common practice for them to roll back hours have us do side work and general cleaning for 2.13 or not even be on the clock

  3. scotty bourque says:

    how do I join in the suit or start one in louisiana

  4. scotty bourque says:

    my hours keep getting rolled back and now were being threathned if gratuity is added which is the decision of the table

  5. Michael Guttentag says:

    ” I am the plaintiff in the case written about here. My lawyers are Faruqi & Faruqi LLP in New York. If you want to join the case, you can contact them at 212.983.9330.”

    1. Steve says:

      I agree with you 100 percent Mr. Guttentag. However, surprisingly I never received any paperwork regarding a class action lawsuit. I was a loyal employee from 2010-2014. As a Server/Bartender/Expo/QSS/GSC/GSM I knew very little in the beginning of my career about the labor laws and such. I always worked off the clock for many reasons. As a server or hourly shift employee we were not allowed to work over ten hours and we all had to make sure sometimes that we clocked out right after the three hour period was up.
      This all came clear to me when I became a GSC/GSM that they are very low budgeted on hours and are always looking to save hours in the end. As a GSC/GSM I would always let my employees work on the clock at all times and got reprimanded for it numerous times. After 6 months of GSM I could not do it anymore and due to the lack of respect and loyalty the company shows their employees, I simply left.

      I Was wondering if there is a class action lawsuit still pending, I would like to partake. Only because this has to come to a stop.
      please inform spuleo15@GMAIL.COM

  6. # 5 stephanie says:

    I would like to join the class action. I am a victim as well

  7. Ryan says:

    I worked for them for 7 years in 17 stores over 5 states. This happened in every store. I had to quit because of all the changes they are doing to try and cover this up and they are even closing a lot of stores. They need to just be honest and pay people what they owe them. I have valuable information regarding this case and would like to know who the firm(s) are who filed the suit please.

  8. Anonymous says:

    They absolutely did this. I worked at their times square location and they did this to us every single shift. I would like to join in and several of my friends are involved in this suit who worked at the same location.

  9. Anonymous says:

    I worked for Ruby Tursday from 2005-2012 and I was a bartender. I know this was going on I just didn’t know I could do anything about it. I was recently fired for asking questions regarding all of their new policies. Now they require you to claim so much in cash tips regardless of wether it is more than what you have made or you will be terminated. My wife recently lost her job there as well. We have a baby on the way and applied for medicade because we haven’t found jobs. We went online and printed off her check stubs and found that she was being clocked in under positions she has never worked. It was showing that she was making around $600 a week! We have never made that much money there but now we may not receive medicade. Please email me, I could tell you about illegal stuff that went on at my store and things that are still going on.. Thank you..

  10. Anonymous says:

    HI, I would like to join in on the class action lawsuit for Ruby Tuesdays, wage and hour case. Thanks

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