Montrose Restaurant Associates, Inc., also known as fine dining restaurant, Tony's, is accused in a lawsuit of taking "credit for tips received by the Wait Staff" when they were "not eligible to take a credit for the Wait Staff tips."
Tip "credit" is earned for restaurants when the tips made by their employees covers the remaining hourly wage requirements above $2.13/hour. This is what exempts restaurants from paying their wait staff the legal minimum, currently at $7.25/hour in Texas.
The lawsuit alleges that Tony's could not claim the tip credits because they "failed to inform the Wait Staff of the legal requirements for a valid tip credit and [?] because the Wait Staff shared their tips with non-tipped employees." That "non-tipped employee"? The kitchen barista.
The case has been filed to allow "current and former waiters who worked at Tony's restaurant in Houston during the class period and 2) who claim they were not paid the minimum wage," to opt-in to the lawsuit.
Attempts to reach the registered agent for Montrose Restaurant Associates, Inc. for comment were unsuccessful.