![]() When an employer claims a “tip credit” from workers’ wages, the rules for determining the right overtime rate are slightly altered. Employees Were Paid Incorrect Overtime Ratesįifth, the plaintiffs allege the company paid the tipped employees overtime at the wrong rate. Because the company, and not the workers, needed rolled silverware, this practice also amounts to a diversion of wages and/or tip money. Employees Required to Contribute Wages to Non-employeesįourth, the plaintiffs alleged the company required servers to pay a set amount per shift ($3 to $7 per shift) which would be used to pay non-employees who the company brought in to roll silverware. ![]() Third, the plaintiffs alleged the company required servers, bussers, and buffet runners to pay for the cost of work uniforms, thereby dropping the workers’ wages even further below the minimum. Employees Were Required to Pay for Work Uniforms Instead of paying $2.13 per hour, Captain George’s paid thousands of workers over the years at $2.125 per hour, siphoning off a half penny for each hour worked. Second, the plaintiffs alleged the company paid the servers, buffet runners, and bussers less than the FLSA’s tipped minimum wage rate. The plaintiffs allege that this tip pool was illegal because (1) the defendants kept some of the tip money for themselves, (2) the defendants used some of the tip money to pay for its own business obligations, such as paying hourly wages to other employees, and (3) the defendants distributed some of the tip money to management employees who were not allowed to participate in the tip pool. ![]() ![]() Each night, the servers were required to pay a portion of their tips to the restaurant that was calculated based on a percentage of their sales for the shift. The Claims Participating in an Illegal Tip Poolįirst, the plaintiffs alleged the company required servers to participate in an illegal tip pool. The classic, nautical-themed decor and an ornate dining area that is spacious and comfortable provide a relaxed setting compared to the rat race found at some buffets.This lawsuit was filed against a restaurant that we alleged violated almost every wage and hour rule in the book. It’s hard for a buffet to pull off any other kind of vibe than free-for-all casual, but Captain George’s is about as upscale as it gets. Soups, salads, breads and desserts are also on the buffet, including their famous hushpuppies, and a limited a la carte menu is available. Captain George’s also offers landfood, such as prime rib and grilled chicken, and lots of side items, such as baby potatoes, corn on the cob, steamed rice and vegetables, are included in the all-you-can-eat feast. The Norfolk Special is an offering of crabmeat, shrimp and scallops sautéed in a garlic-butter sauce, and the Seafood Casserole includes all the seafood-lovers’ favorites in a creamy, breaded blend. Hot dishes include the broiled, grilled or fried fresh catch, including Mahi Mahi, Salmon and Pollock. Operating its own fleet of fishing boats, this is one buffet that can actually use the phrase “fresh catch of the day.” Steam stations serve up piles of crab legs, mussels and clams while the raw bar features ice-cold oysters on the half shell as well as peel-and-eat shrimp. The FoodĬaptain George’s puts out a spread of some of the freshest seafood on the Eastern Seaboard. Captain George’s food, atmosphere and Broadway at the Beach location make it a popular pick among buffet fans. Specializing in Maryland-style and Outer Banks-inspired seafood, the same areas where its sister stores are located, this buffet is a step above the fried-fish feasts served at some of the Grand Strand’s all-you-can-eat restaurants. This regional chain offers fresh seafood from the East Coast and beyond.
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