Middle District of Pennsylvania Holds that Pennsylvania Servers Can Pursue Wage Claims for Performing Excessive Sidework

We are very pleased to announce that on February 25, 2020 the federal judge overseeing a lawsuit brought by Winebrake & Santillo on behalf of servers at the Houlihan’s restaurant in Hersey, Pennsylvania issued an opinion denying the company’s motion to dismiss. As part of its decision, the Court rejected the recent opinion letter issued by the U.S. Department of Labor under President Trump which would allow Pennsylvania restaurants to require their servers to perform an unlimited amount of non-tip producing sidework while still being paid the tipped minimum wage of $2.83 per hour.

This is a very significant development.

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