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The workers demands are not so unreasonable. I worked in a restaurant years ago when the going rate for waitresses was something a little over a dollar. Tips were supposed to make up the difference to bring the wage to at least minimum wage. But when you are filling up condiments, cleaning out the pie case, rolling the silverware in napkins, etc. you aren't earning tips.
The workers demands are not so unreasonable. I worked in a restaurant years ago when the going rate for waitresses was something a little over a dollar. Tips were supposed to make up the difference to bring the wage to at least minimum wage. But when you are filling up condiments, cleaning out the pie case, rolling the silverware in napkins, etc. you aren't earning tips.
The store I work at tried using an automated warehouse for it's grocery deliveries. The machinery constantly broke down and had a lot of reliability issues so they went back to a manned warehouse. I'm pretty certain automation will take over eventually but there are still a lot of tech issues to work out.
And the really sad thing is, if the case is settled, the class action participants will see very little money. However, you can be assured the lawyers will get their expenses first (off the top) and then their percentage, and then the remainder will be split among all the plaintiffs.
I guess soon we will have less choice what to eat...
On the radio I hear the ad's daily from. Morgan & Morgan asking people to come to them to complain.
Don't get me wrong I want employees to get what they deserve but this sounds almost like business owners have entered open season by lawyers!
I want to preface my comments with the note that I just skimmed over the link.
I saw no reference to the US Department of Labor, or to any State labor office.
If one or more employees suspects labor law violations, they report that to their local federal or State labor office. I'm not familiar with individual State labor offices, but the US DOL issues a subpoena for payroll and scheduling records, and conducts interviews with key personnel, including employees.
If a determination is made that the Fair Labor Standards Act was violated, then the US DOL takes action.
At that point, a lawsuit is filed against the employer.
As an employee, you are entitled to compensatory damages in the form of back pay by law; statutory damages by law; and punitive damages as a court may decide.
Statutory damages are awarded per pay period in the amount of $1,000.
In plain English, if you worked 3 years and were not paid the "federal" minimum wage during that time, and you were paid weekly, then you get $1,000 * 156 pay periods or $156,000 in Statutory Damages, plus your back pay, and punitive damages on top of that.
I guess my question is did DOL investigate this and issue a determination?
If not, is the law firm trying to do an end run around the government and try this in the Court of Public Opinion?
I worked for Olive Garden as a server and griller. As a juror on trial, I would side with Darden.
Rolling silverware and prepping is part and parcel of waiting tables. Diners cannot be seated at your tables, unless your tables are ready, and you are responsible for ensuring your tables are ready. If you have problems, you can do as I did, and have a "come-to-Jesus" meeting your busser(s). My tables were turned fast, seating more customers, getting more tips, and I was not stingy with my tips to the bussers.
The Darden chains are going to be wiped off the map because no one eats there - not because of this lawsuit
Every Olive Garden I have been to seems to be crowded at all hours. Even better, young and old seem to like it, which is pretty rare.
I don't go to Red Lobster often because it's too far to commute there. My only complaint with Red Lobster is they rarely open new locations. Seems what locations they have were there for many years. This means the newly built suburbs/growth areas over the past 15 years have lots of other restaurants but Red Lobsters aren't there.
I guess soon we will have less choice what to eat...
On the radio I hear the ad's daily from. Morgan & Morgan asking people to come to them to complain.
Don't get me wrong I want employees to get what they deserve but this sounds almost like business owners have entered open season by lawyers!
Cry me a river over poor Darden Restaurants! Lawyers wouldn't be interested if they didn't think they had enough evidence of worker exploitation to get a big settlement.
The Darden chains are going to be wiped off the map because no one eats there - not because of this lawsuit
Agreed. I don't know how people can bring themselves to shell out so much for thawed seafood and industrial grade fake Italian. I once heard Red Lobster is one of the most frequent causes of food poisoning when it comes to sit down restaurants. Plenty of other real seafood places around, and they are usually easier on the wallet.
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