HOUSTON – A Houston restaurant is alleged to have made a former server participate in a tip pool he claims was not valid.

Gaspar Michel, individually and on behalf of all others similarly situated, filed a complaint on March 29 in the Houston Division of the Southern District of Texas against Mr. White Restaurant LLC, formerly known as Clark Cooper Restaurants LLC and doing business as Brasserie 19; William G. Cooper; and Charles E. Clark alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that while he was employed as a server at Brasserie 19, he was "forced" to participate in a mandatory tip pool. The suit states the defendants deducted 25 percent from his tips each paycheck. He alleges the defendant's tip pool was not valid because a portion of the tips were distributed to employees who do not customarily and regularly receive tips.

The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action, award for all back pay, unpaid overtime wages, lost wages, liquidated damages, attorney’s fees and costs and such other and further relief. He is represented by Terrence B. Robinson, Laura A. Hernández and Joanna M. Nakamoto of TB Robinson Law Group PLLC in Houston.

Houston Division of the Southern District of Texas case number 4:18-cv-00990

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