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?
1 Answer from Attorneys
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.
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