Fair pay class action against Smith & Wollensky to proceed

August 3, 2010  |  Employment Law, Overtime Violations

A U.S. District Court judge in Chicago has certified a class action against Smith & Wollensky steak house by employees claiming the restaurant violated state and federal wage laws.

In the lawsuit, employees allege that the chain’s Chicago restaurant paid less than the state minimum wage and did not pay overtime to hourly workers.  The restaurant violated the law allowing payment of less than the minimum wage to workers who make tips by requiring them to perform non-tipped duties before opening and after closing, while still paying them the lower tipped wage.   The company also allowed non-tipped employees to share in the tip pool, in violation of Illinois minimum-wage laws.  The suit also covers workers who were not paid overtime wages for time worked over 40 hours in a week.

For the full story, go to Bloomberg.com.

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