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Wage & Overtime

Restaurant Workers

Outten & Golden attorneys represent restaurant workers in and around New York, Chicago, San Francisco, or Washington, DC to recover wages employers refuse to pay. Many restaurant owners demand that their servers, hostesses, and backroom employees work extremely long hours and fail to pay them lawfully. Wage abuses common in restaurants include: failing to pay restaurant workers for all hours worked; misappropriating tips; failing to pay minimum wage; and failing to pay earned overtime. 

Thanks in large part to successful wage suits brought against some of the biggest restaurant owners in the country by Outten & Golden attorneys, wage abuse is receiving the attention it deserves.*

(*Prior results do not guarantee a similar outcome.)

Related Cases

Jimmy Johns LLC


Outten & Golden LLP is co-lead counsel in a consolidated class action lawsuit against Jimmy John’s Franchise, LLC and related corporate entities (“Jimmy John’s”). The lawsuit is known as In re: Jimmy John’s Overtime Litigation, No. 14 Civ. 5509, in the U.S. District Court for the Northern District...

Bowery Bar


On January 12, 2010, Outten & Golden filed a class action wage and hour lawsuit in the Federal District Court for the Southern District of New York against Eric Goode, Sean MacPherson, and several corporate entities, including Defendants Garden Café Associates LLC, Sulcata Corp., Bowery F&B LLC,...


Tipped Workers Due Full Minimum Wage for Untipped Jobs: 9th Cir. (1)

BNA Labor & Employment on Bloomberg Law—Jon Steingart

Restaurant servers and bartenders at International House of Pancakes, Denny’s, and P.F. Chang’s China Bistro restaurants who say their employers underpaid them had their case revived by the U.S. Court of Appeals for the Ninth Circuit Sept. 18.

“This decision will help millions of waitresses, waiters, bartenders, and other hard-working servers get paid a decent wage and reasonable tips, and it will push back on unemployment rates for janitors, prep cooks, and others who don’t earn tips,” Jahan Sagafi, an attorney who argued for the workers, told Bloomberg Law by email Sept. 18.

Although the...

Class Actions Waived? Workers File Hundreds of Solo Arbitrations

Bloomberg BNA Daily Labor Report – Jon Steingart

Buffalo Wild Wings faces hundreds of arbitration proceedings filed by employees it said were ineligible to join a courtroom class action claiming the sports bar chain paid tipped workers less than they were owed.

About 5,500 workers joined the class action against Buffalo Wild Wings, out of 62,000 who received notices. The two sides determined that 822 of those seeking to join the action couldn't proceed in court because they had signed arbitration agreements that include a class action waiver prohibiting the workers from bringing or joining in class actions against the company. Nearly 400...

Chipotle Not Paying Its Workers Enough?—Amanda Schiavo

On Wednesday, a lawsuit was filed in the U.S. District Court in New Jersey against Chipotle (CMG) claiming that a federal rule expanding overtime pay to millions of the fast-casual Mexican food restaurant chain's workers is in effect, The Wall Street Journal reports.

This is despite an injunction issued late last year that kept the Labor Department from enforcing the rule.

The lawsuit alleges, and the regulation requires, that Chipotle should be paying time and a half to employees that are working over 40 hours a week and earning less than $47,476 per year.

"There's been no finding that the...