Ross & Voytas, LLC recently finished a jury trial for Mr. Robert Pace. Robert was a worker at car wash in St. Louis. We won $18,522 in unpaid tips for Robert at trial by using the Fair Labor Standards Act. The Act specifies that only tipped employees, not management, can share in a “tip pool.” We were able to prove at trial that management was keeping tips from Robert. Robert’s employer, under the Act, also had to pay our attorneys’ fees on top of the amount they had to pay Robert. Robert’s employer did not keep records of the tips that employees earned, so we had to get creative at trial. We obtained the car wash’s financial records and we were able to calculate the money Robert should have earned by coming up with an average tip, multiplying it by the annual number of cars that went through the wash, and then dividing that figure by the percentage of time Robert himself worked at the wash. The jury gave Robert every dollar he asked for.
Shortly after trial, Robert’s story (and our trial) were featured in the St. Louis Post Disptach. A link to the article is attached.
Are you getting what you deserve as a tipped employee? Let us investigate if you are not sure. All consultations with our office are free. Call us today at 314-394-0605
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