Other

Restaurant workers group drops discrimination charges against Darden


The discrimination charges were dropped but claims of wage improprieties remain

Racial discrimination claims against Darden Restaurants Inc. and its Capital Grille steakhouse chain have been dropped by a group representing restaurant workers, a spokesman for the Orlando, Fla.-based casual-dining company said Wednesday.

Rich Jeffers, Darden’s director of media relations and external communications, said the discrimination allegations in a lawsuit filed in January by Restaurant Opportunities Centers (ROC) United were dropped but claims of wage improprieties remained. He had said earlier that the company intended to continue defending against the claims.

EARLIER: Restaurant workers group sues Darden Restaurants

ROC originally said it was focusing its complaints against The Capital Grille units in Chicago, New York City and the Washington, D.C., area. Darden is also parent to the Olive Garden, Red Lobster and LongHorn Steakhouse chains.

In the initial federal class-action lawsuit filed in the U.S. District Court for the Northern District of Illinois, Eastern Division in Chicago, ROC United had alleged “violations of the Civil Rights Act that are reflective of a corporate-wide policy of racial discrimination and the federal Fair Labor Standards Act and state wage and hour laws for wage theft against all workers.”

ROC had cited figures that Darden restaurant workers are paid as little as $2.13 per hour for tipped employees and $7.25 per hour for non-tipped employees, with no paid sick days.

Attorneys for the workers-rights group told the Orlando Sentinel that the claims will be filed on a state-by-state basis.

Contact Ron Ruggless at [email protected]
Follow him on Twitter: @RonRuggless


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131


Florida Restaurant Law

Florida Restaurant Law - Fighting for employees rights as guaranteed by Florida and Federal laws.

  • Get link
  • Facebook
  • Twitter
  • Pinterest
  • Email
  • Other Apps

Walkouts – Who Is Responsible For Paying The Check?

Walkouts – Who Is Responsible For Paying The Check?

Walkout, Dine and Dash, Short Changed – they are all the same. Someone sits in your section, has a meal, and leaves without paying the all or part of the check. Yes, this has even happened to me and I had to make up the difference at the end of my shift. Is this legal?

Certainly not. Walkouts are a part of doing business for restaurant owners who can implement policies to help prevent patrons who want a meal but do not want to pay. However, if you have read some of my other blog postings, there are always exceptions when it comes to restaurant law in Florida.

This is why it is illegal:

Most restaurants pay their service staff a reduced hourly wage of $4.23/hr. (Fla. Minimum Wage is $7.25/hr. minus the Federal Tip Credit of $3.02/hr. equals $4.23/hr.) When management requires a server to pay for a walkout out of his/her pocket, the hourly wage is dropped below the minimum allowable by law. The exception occurs when you are paid more than the minimum wage and the walkout deduction would not bring you below $7.25.

Of course, it is a server’s job to watch his/her station to make sure people do not forget to pay, however, servers cannot be everywhere at once. This is why it is important that servers working next to each other watch each other’s stations and that management make sure that host/esses help too.

Walkouts are the server's responsibility, however, when it comes time to reconcile the POS, it is management’s, not the server's legal duty to take care of the bill for the walkout. Management can write you up, but they cannot legally make you pay for a walkout.

As always, the legal opinion above does not apply to every single fact scenario dealing with walkouts so please call and ask us any questions you may have about your hospitality job.

Law Office of Lowell J. Kuvin
17 East Flagler Street, Suite 223
Miami Florida, 33131