Legal Opinion
Esry ex rel. Situated v. P.F. Chang's China Bistro, Inc.
District Court, E.D. Arkansas
Decided March 22, 2019No. 4:18CV00156-JLHPublishedCited by 4 opinions
1Opinion of the Court
J. LEON HOLMES, UNITED STATES DISTRICT JUDGE
This case is about the Little Rock P.F. Chang's payment practices with respect to its servers. Jacqueline Esry and several opt-in plaintiffs worked as servers for P.F. Chang's in Little Rock, where they received a tipped rate of $ 2.63 an hour from P.F. Chang's as well as tips. The plaintiffs claim the restaurant wrongly paid them the tipped rate for time that they should have been paid minimum wage. They argue that P.F. Chang's required servers to spend substantial time on work that by itself does not generate tips, such as rolling silverware or…
2Cases cited7 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Auer v. RobbinsSupreme Court of the United States · 1997
- Christopher v. Smithkline Beecham Corp.Supreme Court of the United States · 2012
- Fast v. Applebee's International, Inc.Court of Appeals for the Eighth Circuit · 2011
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3Cited by4 opinions
- Berger v. Howard CortesDistrict Court, N.D. Illinois · 2019
- Esry v. OTB Acquisition LLCDistrict Court, E.D. Arkansas · 2020
- Roberson v. Texas Roadhouse Management Corp.District Court, W.D. Kentucky · 2020
- Rorie v. WSP2, LLCDistrict Court, W.D. Arkansas · 2020