(Memphis, TN/Jan. 23, 2020)
On January 21, 2020, a current server filed a lawsuit on behalf of restaurant servers against Casa Mexicana Mexican Restaurant. The complaint alleges that Casa Mexicana failed to pay its servers at the required minimum wage and overtime rates as well as operated a “tip pool” that violated the requirements of the Fair Labor Standards Act (“FLSA”).
Specifically, the Complaint alleges that it was Casa Mexicana’s policy to not pay servers for any time worked in excess of forty (40) hours in a workweek. Further, the Complaint alleges that Casa Mexicana operated an illegal “tip pool” in which it withheld portions of the servers tips for its own use and instead paid runners, bussers, and chiperos, for whom the tip pool was intended, a set salary.
The Plaintiff brings his claims on behalf of himself and all other similarity situated servers. The Plaintiff brings his unpaid overtime claims as a collective action under the federal Fair Labor Standards Act ("FLSA”) and seeks to recover unpaid minimum wage and overtime compensation, tips contributed to the improper tip pool, liquidated damages, and other statutorily-permitted relief for himself and the putative FLSA collective class.
Plaintiff's attorney Bryce Ashby explains, "Unfortunately, this type of pay scheme that squeezes hourly workers is far too common in the restaurant industry. We are trying to do what we can to ensure that all workers are paid what they are owed."
Plaintiffs are represented by Bryce Ashby, Janelle C. Osowski, and Billy Ryan of Donati, Law, PLLC. The case is entitled, Marquez Cruz v. Casa Mexicana of Perkins Poplar Inc. et al., Case No. 20-cv-2045 (Western District of Tennessee).Additional information about how servers may make a claim in the case may be found by calling Donati Law, PLLC at 901-278-1004.
Donati Law attorneys have been representing the Memphis and Mid-South communities for 40 years. The Firm prides itself in the tireless advocacy for the rights of its clients. Donati Law’s attorneys are committed to the fight for justice in all areas, including employee rights, social security disability, veteran’s benefits, personal injury and workers’ compensation, among others.