Servers are suing a Kentucky location of a national restaurant chain. The workers claim that the restaurant violated federal and state law by requiring them to pool their tips while paying an hourly wage below the federal minimum. The case is being filed by the Shelton Law Firm on behalf of the employees, seeking back pay and lost tips, according to a release from the firm. State regulators are also launching an investigation and have issued the restaurant a notice of violation, according to The News Journal.

All the workers involved in the suit were tipped employees, normally exempt from minimum wage requirement. Workers that earn over $30 in tips can legally be paid $2.13 an hour instead of the federal minimum wage of $7.25. However, the exemption only applies if workers keep all the tips they earn. At the Kentucky restaurant, tipped servers were asked to give 20 percent of their tips to non-tipped workers.

The suit asks that all affected employees receive an extra $5.12 per hour they worked to make their hourly pay equivalent to the federal minimum wage. The complaint also requests a return of all tips taken by the restaurant, as well as punitive damages and attorney fees.

For lawsuits that deal with hourly wages, it is important to have detailed records of employee time. An efficient time and attendance software can help supervisors keep track of hours worked.

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