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.