A Pennsylvania federal district court granted in part, and denied in part, Metro Diner Management LLC’s motion for summary judgment on a collective action class claim that the company mandated servers pay 2% of their daily tips into an illegal tip pool designated for hosts and bussers in violation of the Fair Labor Standards Act. Because the declared experiences of staff at the restaurants varying from bussers not interacting with customers at all to bussers being largely server helpers are plausible, a reasonable jury could conclude based on the evidence that the bussers’ level of interaction with customers isn’t more ...
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