Waiter sues for time spent performing work in which he could not earn tips

Michelle Keahey, East Texas Bureau Nov. 21, 2013, 2:28pm

SHERMAN - A waiter is suing his employer claiming that he was paid as a tipped employee but spent a substantial amount of each day performing work that did not have the possibility of earning tips.

Matthew Scott, individually and on behalf of all those similarly situated, filed suit against LNC Ventures LLC, doing business as Souper Salad, on Nov. 19 in the Eastern District of Texas, Sherman Division. 

Scott was an employee of the defendant and was paid as a tipped employee, but was performing non tip-producing duties for a substantial amount of time each day, according to the suit.

He claims that he was not paid minimum wage or overtime wages in compliance with the Fair Labor Standards Act.

The lawsuit will represent other wait staff employees, who were required to perform work outside of their job description without the possibility of earning tips for the work.

The defendant is accused of violating the FLSA by not paying minimum wages and overtime pay.

The plaintiff is seeking an award of damages for minimum wages, overtime wages for all unpaid hours, liquidated and punitive damages, attorney’s fees, court costs and interest.

Scott is represented by Southlake attorney Chris Miltenberger.

A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:13-cv-00685

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