Bob Evans Must Face Servers' 'Sloppy' FLSA Claims

Law360 (August 14, 2020, 10:00 PM EDT) -- Bob Evans Restaurants can't dodge servers' "sloppy" proposed wage-and-hour class action, a Pennsylvania federal judge ruled Thursday, rejecting the fast-food chain's reliance on Trump-era U.S. Department of Labor guidance giving employers more leeway under the Fair Labor Standards Act to pay tipped employees at a lower rate.

Chief Judge Mark R. Hornak said Bob Evans Restaurants LLC must face federal claims that it underpaid servers by paying them tipped minimum wage for time when they weren't waiting on customers, rejecting the defendants' argument that a 2018 DOL opinion letter made clear that businesses can pay workers at the lower tipped rate for...

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