A federal court in the Third Circuit has ruled for the first time that a former restaurant worker’s claims that she was illegally paid a tipped wage for nontipped work are viable under the Fair Labor Standards Act (FSLA).
In a November complaint, Wendy McLamb asserted a so-called dual jobs claim, alleging that Buffalo Wild Wings franchisee High 5 Hospitality violated the FLSA’s tip-credit provision by paying her $2.25 per hour for work unrelated to her tipped duties as a server and bartender. The tasks, she said, included sweeping the parking lot, rolling silverware and opening and closing the restaurant each day.
