PF Chang's Can't Shake Tipped Servers' FLSA Suit

Law360 (August 15, 2019, 7:56 PM EDT) -- A Pennsylvania federal judge on Thursday denied Chinese food chain P.F. Chang's bid to escape a Fair Labor Standards Act suit alleging that it shorted workers by paying them a "tipped" minimum wage for nontipped work, rejecting recent U.S. Department of Labor guidance giving employers more leeway to pay at the lower rate.

P.F. Chang's China Bistro Inc. defended its practice as legal, pointing to the DOL's November 2018 statement that businesses can pay workers at the lower tipped rate for unlimited amounts of time spent cleaning or performing other nontipped work as long as it is performed alongside tipped duties...

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