Gerald Fast and over 5,500 other former and current Applebee’s restaurant bartenders and servers who worked for tips have filed a lawsuit requesting additional wages for the time consuming tasks of cleaning, and stocking, opening and closing the restaurants.
According to the lawsuit, restaurant employees who receive tips earn less than minimum wage. However, if employees work at least 20 percent of the work day doing general preparation and maintenance work, they should get paid full minimum wage.
Applebee’s tried to have the lawsuit dismissed while in lower courts, however the court refused. The Supreme Court has now ruled that bartenders and servers who make part of their earnings from tips are able to file lawsuits for more money if they do work that does not involve tips, USA Today reported.
The Supreme Court refused to hear Applebee’s appeal to overturn the lower court’s ruling.