Bravo Brio Restaurants improperly utilized tip credit provisions while paying tipped employees — such as servers and bartenders — below the legal minimum wage at its Brio Italian Grille, a new class action lawsuit alleges.
Plaintiff Melissa St. Clair claims Bravo Brio fails to follow the “strict requirements” that would allow it to legally utilize tip credit provisions that are found in the Fair Labor Standards Act (FLSA) and the Connecticut Minimum Wage Act and Agency Regulations.
The tip credit provisions allow an employer of tipped workers to, under certain circumstances, pay workers under the minimum wage rate by taking a “tip credit” against their minimum wage obligations by incorporating tips given to them by customers into their pay.
St. Clair argues Bravo Brio violates tip credit provisions, however, by allegedly failing to advise its employees in advance of using it, having its employees perform non-tippable work, and making “illegal deductions” that reduced direct wages below the minimum wage for tipped employees.
“As a result of these violations, Defendant lost the ability to use the tip...
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