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Metro Diner Unpaid Overtime Class Action

Posted on February 1, 2017

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:

Failing to properly pay Servers for all time worked, including time spent performing non-tipped duties;
Requiring Servers to participate in an illegal tip pool;
Failing to pay Servers for attendance at required meetings; and
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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If you need a hard-working, detailed, compassionate and cooperative class action attorney, this is your guy [Andy Ficzko]! He keeps in constant contact so you are always in the loop. No question goes unanswered and he makes you feel valued. Unlike some lawyers, he is not pretentious, but very professional and thorough. He handled my case seamlessly and it only required one visit to his office. From beginning to end, my case was completed in about 11 months. I am very happy with the outcome of my case!

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Jim Zouras and the legal team at Stephan Zouras did a thorough and outstanding job recovering overtime wages against a former employer. The case was handled as a class action, and Jim and his staff were complete professionals in promptly responding to calls, emails, answering questions, and keeping all of us informed throughout the process. They are dedicated to their work and exceeded our expectations. I would gladly recommend their services to anyone having issues with their employer.

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I worked with Jim Zouras as well as Teresa Becvar in a class action and won with a settlement that benefited a large group of fellow former employees. Communication was always very good and they were always helpful in answering any questions as well as preparing me for what was coming and what to expect.

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- Unpaid Wages Client

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