The Way I See It!

I am an Ultra-Conservative, Alpha-Male, True Authentic Leader, Type "C" Personality, who is very active in my community; whether it is donating time, clothes or money for Project Concern or going to Common Council meetings and voicing my opinions. As a blogger, I intend to provide a different viewpoint "The way I see it!" on various world, national and local issues with a few helpful tips & tidbits sprinkled in.

The Cheesecake Factory Server Lawsuit

Restaurant, retail, Wal-Mart

I received this email this morning.


“Randy could you please post this article on the Cheesecake Factory Server Lawsuit.  While it is a shame that Wal-Mart has violated employee’s rights and wages, this practice is prevalent throughout retail and the restaurant service industry.  A person for whom I will not name, that you have stated you respect will of course not like this fact.  I am sure he is in denial that is favorite place could possibly have violations much like Wal-Mart his least favorite place.”


Servers Fight Back: sue the Cheesecake Factory over pay practices


A group of waiters and waitresses filed a federal lawsuit alleging that The Cheesecake Factory violated federal labor law by engaging in illegal pay practices regarding uniforms, off the clock work, calculation of overtime pay and other related wage and hour violations.


Servers allege illegal pay practices that include:


Unpaid Work Hours -- "Off the Clock" Work.  The Cheesecake Factory has a general policy against paying servers overtime hours.  This policy results in unpaid working hours or "off the clock" work.  Despite The Cheesecake Factory's requirement that servers arrive early for work according to its policy that “early is on time, on time is late, and late is unacceptable,” it routinely attempts to save server clock hours by requiring or permitting the following illegal policies, practices or procedures:


  The Cheesecake Factory’s computerized time system prevented servers from clocking in except for a brief six minute window at the start of their shift.


Servers work “off the clock” runner shifts.


Servers attend pre-shift alignment meetings prior to clocking in.


Servers work “off the clock” before serving their first guests at the start of their shift.


Servers work “off the clock” after closing out their last check at the end of their shift.


Servers are clocked out by managers.  


Uniform and Other Tip Credit Violations


The cost of required Shoes for Crews shoes are deducted from servers’ paychecks.


Servers are required to purchase their uniforms.


Servers are required to maintain, clean and iron, at their expense, their uniform.


Servers are required to purchase aprons.


Servers are required to purchase Cheesecake Factory logo shirts.


Servers are charged $10 for lost computer swipe cards.


Servers are required to purchase tools of the trade including, black order books, pens, lighters, and wine keys.


Servers are required to pay for a customer “walk outs."


Servers are required to pay for any cash shortages resulting from customers short paying their check, cash handling errors, or problems with the cash out machines.


Servers are required to tip out an excessive percentage of their tips


Illegal Pay Practices are common in the restaurant industry. 


In fact, the U.S. Department of Labor has targeted restaurants for enforcement because violations are so common. 

These violations are particularly troubling because restaurant workers are among the lowest paid in the nation.


 I do think it is terrible that any company violates workers rights.


I can make the statement that I do not approve of the actions Wal-Mart has been in violation of workers rights and I hope the lawsuit sticks.


I can tell you as a manager for K-Mart we were told to have the employees punch out and clean and straighten the aisles.  K-Mart called it code “S” and if you are in a K-Mart around 9:00pm you will hear a page “Code S is now in effect, Code S is now in effect”.


I never agreed with keeping the works after hour off the clock, I would not do that.  I did not call the HR department at headquarters, but I did let the district and regional managers know my disagreement.    

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