The Class/Collective Action Attorneys at Martin & Martin, LLP File New Tip Pool Case

April 9, 2009 - PRLog -- Contact us: martinandmartinlaw.com

S. Patrick v. Antica Posta Ristorante, Inc. et al. (Tip Pool Class/Collective Action)

On February 17, 2009, the collective/class action attorneys at Martin & Martin, LLP filed a collective action against Antica Posta Ristorante, Inc. and its owner Marco Betti for violations of the Fair Labor Standards Act’s (“FLSA”) tip pool regulations.  The Complaint alleges that the employees were paid less than minimum wage ($2.13 per hour) and required to participate in a “tip pool.”   It alleges that the restaurant and/or its owner illegally kept money from the tip pool prior to disbursing the money from the tip pool to tipped employees and therefore, violated the FLSA.  The Defendants have answered the Plaintiffs’ Complaint and denied the allegations.  

The Complaint was filed on behalf of all other similarly situated employees who participated in the tip pool from February 2006 through present.  The Plaintiffs seek compensation in the form of actual damages equal to the difference between what they were paid ($2.13 per hour) and minimum wage for all hours up to 40 hours in a given workweek.  The Plaintiffs also seek compensation in the form of actual damages equal to the difference between what they were paid ($2.13 per hour) and one and one-half times minimum wage for all hours over 40 in a given workweek.  The Plaintiffs also seek liquated damages or “double damages” allowed under the FLSA and attorneys’ fees and costs.

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Atlanta area law firm, Martin & Martin, represents employees nationwide in all types of employment related matters including overtime, exempt vs. nonexempt classification issues, tip pool, discrimination, harassment, retaliation, family and medical leave act, and wrongful termination.