Cork v. Applebee’s of Michigan, Inc

Plaintiffs appeal as of right the trial court’s order of September 23, 1997, granting defendant’s motion to dismiss pursuant to MCR 2.116(C)(4) and (8) on the basis that plaintiffs failed to exhaust their administrative remedies. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiffs were employed by defendant as servers in defendant’s restaurant. They alleged that defendant had a policy of “tip-sharing” implemented in the restaurant whereby plaintiffs, in order to maintain employment, were required to make cash payments to bartenders and other employees at the end…