Plaintiff, a former restaurant worker of RWDT Foods, Inc. d/b/a  Denny’s Restaurants (“RWDT”), has filed a collective action complaint for herself and other similarly situated hourly employees against RWDT for minimum wage and overtime violations under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”).  Specifically, the Plaintiff has alleged that RWDT:
a. Required hourly employees lo work off the clock without compensation;
 
b. Required hourly employees to work overtime without compensation;
 
c. Failure to pay hourly employees wages for hours worked off the clock and for hours worked in excess of forty ( 40) in a work week at no less than time and a half (1.5) of their regular rate of pay;
 
d. Paid hourly employees a reduced “tip credit” hourly rate despite requiring them to spend over twenty percent (20%) of their time on activities that there not themselves directed toward producing tips, including preparing and cooking food, bussing and cleaning tables and other parts of the restaurant, as well as other maintenance, general preparation and side work, such that Defendants lose the tip credit; and
 
e. Failed to consider the actual amount of tips servers received; forced servers to report tips as being greater than they were, and then used the artificially inflated amount to calculate “minimum wage make-up pay,” such that there were many weeks in which Plaintiff and all other servers’ combination of wages and tips was less than the standard federal minimum wage.
 
The case is filed in the United States District Court for the Northern District of Georgia, Atlanta Division.

 

RWDT Foods, Inc. d/b/a  Denny’s Restaurants