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America October 18, 2023 3 mins read

$250K Awards to Restaurant Servers

America ı By Rihem Akkouche

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$250K Awards to Restaurant Servers

In a legal showdown that left over 400 restaurant servers on the edge of their seats, a Pennsylvania federal jury delivered a thrilling verdict, awarding $250,000 in back wages to workers from a local restaurant group. These resilient servers, who were tasked with performing nontipped side work while receiving subminimum wages, found themselves fighting for justice.

$250K Awards to Restaurant Servers : The Verdict Unveiled

Following an intense seven-day trial, the jury handed down a verdict on Tuesday that sent shockwaves through the culinary community. The culinary colossi, KRG Kings LLC and Kelly Operations Group, were deemed culpable for making their devoted employee, Darlene McDonnell, and a collective of workers toil away at nontipped side tasks during their shifts, all while being denied the minimum wage they deserved.

However, the plot thickened as the jury refused to accept the narrative that these diligent servers had spent more than 20% of their shifts catering to customer service-related side work. Nor did they find the restaurant guilty of intentionally violating the Fair Labor Standards Act through their compensation policies.

A Prologue of Legal Turmoil

This courtroom saga had been brewing for quite some time. In February, U.S. District Judge Christy Criswell Wiegand rejected the restaurant group's plea for summary judgment. She argued that there were too many enigmatic factual issues, demanding resolution through a trial rather than a summary judgment climax.

In the February order, Judge Wiegand eloquently declared, "It is undisputed that defendants did not chronicle the quantum of time plaintiffs and their fellow servers expended on side work each day or the specific side work tasks assigned."

The Rise of the Collective

The narrative found its climax when, in August 2022, Judge Wiegand granted final approval to the opt-in collective comprising 405 servers who had once graced the halls of over two dozen Kings Family Restaurant locations. The judge discerned that a common thread ran through their experiences: the restaurant had systematically paid its servers less than the minimum wage, even though they claimed to have dedicated over 20% of their shifts to untipped work, ranging from culinary wizardry to silverware sorcery.

Within this intrepid collective were both current and former servers of Kings Family Restaurant. They had endured the bitter taste of wages below the $7.25 per hour minimum wage threshold, dating back to July 2017.

$250K Awards to Restaurant Servers : The Feud Begins

McDonnell initiated her suit in July 2020, casting a shadow of doubt over Kings' payment policies. She alleged that Kings had violated state and federal wage laws, daring to siphon off tip credits from servers' wages while lowering their hourly pay to a mere $3.45, all without a tip-earning workload to justify the credit.

A riveting twist in the tale emerged as McDonnell disclosed that approximately 30% of her shifts were dedicated to untipped labor, which included the art of silverware origami, dish-dominion, and even the custodial choreography of the ice cream bar. She recounted her epic journey of transporting used and clean dishes, crafting culinary creations, and cleansing the restaurant's soul.

Kings, however, pushed back, asserting discrepancies and variations in the percentage of time collective members devoted to untipped side work. They argued that staff disparities meant certain restaurants had additional laborers to shoulder the burden. The gallant judge, however, brushed aside these arguments, branding them as mere "outliers."

Awaiting a New Chapter

As the dust settles in this thrilling courtroom drama, representatives of the parties remain silent for now. With their eyes fixed on the future, it's an ending that only the next chapter will reveal.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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