Ford v. Lehigh Valley Restaurant Group Inc.

NEALON, J.,

Two former servers at local Red Robin restaurants have instituted this class action lawsuit asserting violations of the minimum wage provisions of the Minimum Wage Act of 1968 (“MWA”), 42 RS. § 333.102 et seq. The MWA permits employers to satisfy their minimum wage obligation of $7.25/hour to “tipped employees” by paying a minimum wage of $2.83/hour and utilizing a “tip credit” in the amount of $4.42/hour to satisfy the difference between $7.25/ hour and $2.83/hour. Like its federal counterpart, the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., the MWA’s “tip…