Class & Collective Action Attorneys at Martin & Martin file new tip credit case against restaurant.

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) April 30, 2009 -- R. Knipple et al. v. Roswell Lambrou, Inc. and Broadway Diner, Inc.

On April 28, 2009, the class and collective action attorneys at Martin & Martin, LLP filed a tip pool case on behalf of R. Knipple and all other similarly situated current and former employees of the Broadway Diner (previously the Landmark Diner) in the United States District Court for the Northern District of Georgia. The Complaint alleges that the restaurant violated the Fair Labor Standards Act (“FLSA”) when it paid its servers $2.00 per hour as opposed to the required $2.13 per hour under Section 203(m) of the FLSA. The Complaint also alleges that the restaurant violated the FLSA because it never informed its employees that it was taking a tip credit against paying minimum wage and because the restaurant retained a portion of the tips that were pooled each shift. The Defendants have not yet responded to the Complaint.

The Plaintiffs seek to send notice to all other former and current employees who were paid less than $2.13 per hour, were never informed that the restaurant was taking a tip credit against paying minimum wage, and/or who were required to participate in the tip pool from which the restaurant retained a portion of the tips. The Plaintiff also seek the difference between $2.00 per hour in what they were paid and minimum wage for each hour they worked for the previous 3 years, liquidated damages also known as “double damages” doubling the amount due to the Plaintiffs, attorneys’ fees and costs and other relief.

If you worked for either Defendant and wish to join this lawsuit, contact Martin & Martin today by going to our website. If you worked for another restaurant and have questions about how you are being paid, contact Martin & Martin for a free consultation. Martin & Martin handles cases on behalf of employees across the nation.

Martin & Martin, LLP
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