The plaintiff, a former SushiNati server who seeks to represent the restaurants’ tipped employees in federal court, claims that Defendants broke the law by requiring servers to pay the restaurant a portion of their tips at the end of every shift.
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In this lawsuit, the plaintiff alleges that Defendants required servers and hosts to pay them between 3% and 5% of the total sales at the end of each shift. This resulted in Defendants syphoning off a portion of the servers and hosts’ tips, which is prohibited under federal law.
First, the Plaintiff alleges that the company required servers to pay a portion of their tips to their employer in violation of the Fair Labor Standards Act, Ohio Constitution, Article II, § 34a, O.R.C. § 4113.15, O.R.C. § 2307.60.
Second, the plaintiff asserts a claim for unjust enrichment, alleging that Defendants’ policy of taking worker’s tips to cover business expenses, which results in Defendants unjustly enriching themselves at their workers’ expense. The workers are conferring a benefit on the company, the company is aware of the benefit, and as a result it would be unjust for the company to retain that benefit without commensurate compensation.
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