In April 2012, a lawsuit was filed against Ruby Tuesday by former front of house employees for violations of federal and state labor laws. The complaint in the case, Guttentag, et al. v. Ruby Tuesday, Inc., was filed on behalf of all servers, bartenders and food runners who were not paid appropriate overtime or paid for all hours worked.
According to the complaint, workers frequently had their hours shaved by management, were required to begin working before punching in and required to punch out and keep working.
Moreover, the case alleges that Ruby Tuesday required workers to spend more than 20% of their time performing side work while paying the minimum wage for tipped employees which is as little as $2.13 per hour. As a result, the workers claim they were deprived of a substantial amount of pay owed to them by Ruby Tuesday.
Since the notice of the lawsuit mailed to current and former employees more than 2,600 Ruby Tuesday workers have joined the case. The deadline to file a consent to join the lawsuit is December 23, 2013.
- According to a letter recently filed with the Court by the Plaintiffs, a Ruby Tuesday manager informed workers that the notice was a scam targeted at Ruby Tuesday employees. In fact, the notice is not a scam and the language in the notice was authorized by federal District Judge Harold Baer.
- In the letter, plaintiffs claim that another Ruby Tuesday manager informed workers that the lawsuit did not apply to current employees. This isn’t true. The notice is applicable to all Ruby Tuesday food runners, bartenders and servers within the last three years.
- Several Ruby Tuesday managers have allegedly threatened workers with retaliation for joining the suit. Worker intimidation as alleged in the letter is illegal under federal law. Workers asserting their right to be free from wage theft are protected from retaliation by Ruby Tuesday. Ruby Tuesday has denied these allegations and maintains that no one will be retaliated against for participating in the action.
If you have information about any incidents of worker intimidation or misinformation, please contact: RUBYTUESDAY@FARUQILAW.COM
If you’re interested in joining the in the lawsuit, visit www.rubytuesdaylawsuit.com.
Consent to Join Form: http://www.rubytuesdaylawsuit.com/pdfs/RUBYTUESDAY_Consent.pdf
DEADLINE TO JOIN LAWSUIT IS 12/23/2013.