Legal Question in Employment Law in New Jersey

My wife worked for a well known restaurant chain for many years as a server. As a tipped employee, she made about the lowest allowable wage - topping out at around $2.30/hr. The chain required her to clock in 1/2 hour early every day prior to opening (no tip potential) for table setups, and required all servers to roll 2 pans of silverware at the end of their shifts (30 min to 1 hour). My contention has been that the chain should be required to pay state / federal minimum wage for those untipped hours. Am I wrong? Would this be retroactively class actionable for all restaurant server personnel in the chain?

Asked on 11/24/09, 11:25 am

Joseph Grassi Barry, Corrado, Grassi & Gibson, PC

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0 attorneys agreed

I think you may be on to something, and suggest you contact an attorney.

My office would be very interested in speaking to yoru wife.

Answered on 11/30/09, 9:39 am

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