In addition to a wide range of cases on behalf of individuals, we have a number of cases in which we are seeking to represent groups of employees (class actions, in lawyer speak) on a wide range of issues, including tips violations, misclassification of employees as independent contractors, overtime violations, and non-payment of wages. Here are some of the cases we’re currently working on.
We've filed a case against the Del Frisco's Double Eagle Steakhouse in South Boston, alleging that the wait staff there were required to tip out managerial employees, including wine stewards. The Massachusetts Tips Law prohibits employers from requiring or allowing their wait staff employees to share tips with employees who have managerial responsibility. However, because Del Frisco's requires its employees to sign contracts called "arbitration agreements" as a condition of their employment, the only way for the employees who have been subject to these practices to protect their rights is to contact our office and potentially pursue an individual claim. So, if you have worked at Del Frisco's as a server, bartender, back server, or food runner, and have either shared tips with managerial employees or participated in a tip pool that includes managerial employees, please contact Hillary Schwab.
We filed a class action case against various parties affiliated with Domino’s, seeking money damages for all delivery drivers in Massachusetts. After a federal judge refused to dismiss the case, the defendants bought off the first named plaintiff by paying him what we calculate was three times the amount of his actual damages – a payment of close to $20,000 – plus attorney’s fees. We then filed another case with a new plaintiff, and Domino's bought that person off as well, paying a total sum of $46,500 in order for her to dismiss the case. We are in the process of bringing another class action case with one or more other drivers, and are seeking to interview any Massachusetts drivers with information about the use of a delivery charge, which we believe has the effect of taking tips intended for drivers. If you have any information or would like more details about the case, please contact either Steve Churchill or Brant Casavant.
EF Education First
We're currently pursuing a class action case in Massachusetts state court against EF Education First, a for-profit company that sells international "educational tour packages" to educators and students. The case is being brought on behalf of individuals who have worked in Massachusetts for EF as "Tour Consultants," and asserts that EF failed to pay its Tour Consultants overtime compensation because it improperly misclassified those employees as overtime-exempt. If you've worked for EF within the past three years as a Tour Consultant, and would like more information about the case, please contact Brant Casavant.
Landry’s, Inc., owns numerous restaurant "concepts" throughout the United States, including the Rainforest Cafe, McCormick & Schmick’s, Morton’s Steakhouse, the Oceanaire Seafood Room, Chart House, and the Grand Concourse. In recent years we have brought class action cases against Landry's alleging wage and tipping violations at these and other of its restaurants, including the Rainforest Cafe in Burlington, Massachusetts, the Grand Concourse in Pittsburgh, Pennsylvania, and the Chart House and the T-Rex Cafes at various locations in Florida. If you have questions about these cases, or you have worked for Landry's as a wait staff employee and would like more information, please contact Hillary Schwab.
LEGAL SEA FOODS
We've filed three class action lawsuits on behalf of tipped employees at Legal Sea Foods, two of which were featured in an article by the Boston Globe. The cases allege that the restaurant unlawfully required servers to share tips with employees who do not serve customers, in violation of Massachusetts law. Both cases are pending in Massachusetts state court. If you have any information about tipping practices at Legal Sea Foods, or would like additional information about this case, please contact either Hillary Schwab or Brant Casavant.
Loomis, Sayles & co.
We're currently pursuing a class action case on behalf of IT consultants who have worked at Loomis, Sayles & Co. in Massachusetts, claiming that Loomis misclassified those consultants as independent contractors and failed to pay them the same benefits that they offered to their other IT employees. That case is now pending in Massachusetts state court. If you would like more information about that case, please contact Steve Churchill.