Metro Diner Unpaid Overtime Class Action

Stephan Zouras, LLP represents Metro Diner Servers in a nationwide class and collective action seeking unpaid earned minimum wages against Metro Diner.

On February 1, 2017, a nationwide class and collective action lawsuit was filed against the owners and managers of Metro Diner restaurants on behalf of Servers employed at any of their 30 locations in eight states at any time in the preceding three (3) years.

We claim that Metro Diner violated the Fair Labor Standards Act “FLSA” and applicable state wage laws by:

  1. Failing to properly pay Servers for all time worked, including time spent performing non-tipped duties;
  2. Requiring Servers to participate in an illegal tip pool;
  3. Failing to pay Servers for attendance at required meetings; and
  4. Taking illegal wage deductions relating to Servers’ uniform shirt purchases.

Restaurants and bars all too often deprive their employees of earned wages by, among other things, forcing them to participate in illegal “tip pools” in which management and other non-tipped employees share tips, failing to pay overtime (or failing to pay at the correct rate), and requiring employees to perform tasks unrelated to their duties as “tipped employees.”

It is NOT a defense for any restaurant employer to claim the employees “agreed” to be paid “tips only”, “agreed” to not be paid overtime, or “agreed” to work off-the clock.

We seek to recover unpaid earned overtime wages, liquidated damages, attorneys’ fees and other damages.

We have successfully represented hundreds of servers, bartenders and other restaurant staff members in unpaid wages lawsuits across the United States.  It is important to understand your employee rights.

For more information, contact us.


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