On November 18, 2016, we filed a lawsuit on behalf of servers, server assistants, runners, and bartenders (“Tipped Employees”) against Charlotte Palm Corporation, which owns and operates The Palm Restaurant in Charlotte, North Carolina.  The Complaint alleges that the Charlotte Palm Corporation failed to pay all  minimum wages and overtime earned by Tipped Employees.  According to the Complaint, the Charlotte Palm Corporation violated the Fair Labor Standards Act (FLSA)by:

(a) willfully failing to pay its Tipped Workers, including Plaintiff and Opt-in Plaintiffs, minimum wages for all hours worked and premium overtime wages for all hours worked in excess of 40 hours per workweek;

(b) willfully failing to pay and record all of the time that its Tipped Workers, including Plaintiff and Opt-in Plaintiffs, have worked for the benefit of Defendant; and

(c)  willfully requiring its Tipped Workers to perform non-tipped work each shift that is unrelated to their tipped occupation and paying them sub-minimum wages for the time spent performing these duties; and

(d)  willfully requiring its Tipped Workers to perform non-tipped work for more than 20 percent of their time worked each workweek.

The Complaint also alleges that the Charlotte Palm Corporation violated the North Carolina Wage and Hour Act by failing to pay all wages due on regularly scheduled paydays.  We seek to recover unpaid overtime compensation, unpaid minimum wages, liquidated damages and other statutorily-permitted relief.

Frequently Asked Questions

Am I eligible?

This case was brought on behalf of servers, server assistants, runners, and bartenders who worked for the Charlotte Palm Corporation, but were not paid all earned minimum wages and overtime wages.  If you worked for the Charlotte Palm Corporation as a server, server assistant, runner, and/or bartenders at any time during the past three years and were not paid all minimum wages and overtime wages when you worked more than 40 hours in a workweek, then you may have a claim.

Which Locations Are Included?

This case involves servers, server assistants, runners, and bartenders who worked out of the Charlotte Palm Corporation’s Charlotte, NC Palm Restaurant location.

What Time Frame Does This Case Cover?

The FLSA contains a statute of limitations that permits an employee to recover unpaid minimum wages and overtime wages within two (2) years of when the employee joins the lawsuit.  The statute of limitations can be extended to three (3) years under certain circumstances.

How Do I Prove I Worked Overtime?

The FLSA requires employers to keep accurate records of all time worked by non-exempt employees.  If the Charlotte Palm Corporation did not keep accurate time records, you will be permitted to provide a “good faith estimate” of the time you worked.

Can The Charlotte Palm Corporation Retaliate Against Me?

The FLSA makes it illegal for an employer to retaliate against an employee for joining an overtime lawsuit.  If you suffer retaliation, you may have additional claims against your employer.  If you currently work for the Charlotte Palm Corporation and you believe you may be a victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of an overtime lawsuit varies from case to case.  Typically, overtime lawsuits last one to three years.

How Can I Help?

Right now, we are hoping to speak with as many current and former Charlotte, NC Palm Restaurant servers, server assistants, runners, and bartenders as possible to learn more about the case.  If you have information regarding the job duties of servers, server assistants, runners, and bartenders, or information about the Charlotte Palm Corporation’s pay practices, you may contact Phil Gibbons at phil@philgibbonslaw.com or 704-612-0038.

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