What is this case about?
Applebee’s usually pays its servers and bartenders a base hourly rate below minimum wage (usually in the neighborhood of $2.13 per hour). It is allowed to do this because servers and bartenders make tips. However, in addition to tip-producing duties, we believe Applebee’s also assigns many general maintenance and preparatory duties (i.e., side work) to its servers and bartenders. Examples of some of these side duties are: rolling silverware, doing dishes, vacuuming, filling condiments, and portioning salad dressings. When over 20% of a server’s or bartender’s shift is spent doing general maintenance and/or preparatory duties (including time spent on those duties in between serving tables), that employee should lawfully be paid full minimum wage for that time. For example, if a server or bartender spends over 1 hour and 36 minutes of an 8 hour shift doing general maintenance and/or preparatory duties, that employee should be paid full minimum wage for the time spent conducting those duties. This case provides servers and bartenders the opportunity to join together and seek back wages owed to them for the time spent doing general maintenance and/or preparatory work which they performed for less than minimum wage.

This case is supported by some additional theories and arguments, but this description is a general summary of the basis of this case. For a more detailed explanation of the legal theories of the case you may access the Judge’s Order Denying Applebee’s Request for Summary Judgment in the Court Documents section of this website. If you have additional questions, please contact Plaintiffs’ counsel.