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Ruby Tuesday Wage & Hour Class Action Lawsuit

By Mike Holter

 

Ruby TuesdayA group of Ruby Tuesday bartenders and servers in New York and Florida have filed a class action lawsuit against the restaurant chain for unpaid wages, unpaid overtime and other labor law violations.

The workers claim in the class action lawsuit that they were forced to work off-the-clock and were not paid for all the actual hours they worked. This is because the restaurant allegedly only allows employees to clock-in once customers arrive, and then requires them to clock-out after the last customers leave, even though employees are required to work before and after these times. As a result, the workers claim they were not paid minimum wage for the actual hours they worked and did not receive overtime compensation for hours they worked over 40 per week.

In addition, the Ruby Tuesday workers allege in the overtime class action lawsuit they were did not receive spread-of-hours pay, or an extra hour’s wage for every shift over 10 hours. Ruby Tuesday is also accused of improperly deducting money from bartenders’ tips by illegally forcing them to use their own tips to make up for cash shortages in the tip pool allocation between bartenders and servers, food runners and hosts.

The Ruby Tuesday wage class action lawsuit is seeking compensation for unpaid wages with interest, liquidated damages, unpaid overtime, unpaid spread-of-hours, reimbursements for money taken from the bartenders’ tips, and attorneys’ fees and costs.

 

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Updated April 27th, 2012

 

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33 Comments

  • Anonymous August 9, 2012

    HI, I would like to join in on the class action lawsuit for Ruby Tuesdays, wage and hour case. Thanks

  • Anonymous September 6, 2012

    I worked for Ruby Tursday from 2005-2012 and I was a bartender. I know this was going on I just didn’t know I could do anything about it. I was recently fired for asking questions regarding all of their new policies. Now they require you to claim so much in cash tips regardless of wether it is more than what you have made or you will be terminated. My wife recently lost her job there as well. We have a baby on the way and applied for medicade because we haven’t found jobs. We went online and printed off her check stubs and found that she was being clocked in under positions she has never worked. It was showing that she was making around $600 a week! We have never made that much money there but now we may not receive medicade. Please email me, I could tell you about illegal stuff that went on at my store and things that are still going on.. Thank you..

  • Anonymous September 27, 2012

    They absolutely did this. I worked at their times square location and they did this to us every single shift. I would like to join in and several of my friends are involved in this suit who worked at the same location.

  • Ryan January 6, 2013

    I worked for them for 7 years in 17 stores over 5 states. This happened in every store. I had to quit because of all the changes they are doing to try and cover this up and they are even closing a lot of stores. They need to just be honest and pay people what they owe them. I have valuable information regarding this case and would like to know who the firm(s) are who filed the suit please.

  • # 5 stephanie May 12, 2013

    I would like to join the class action. I am a victim as well

  • Michael Guttentag June 17, 2013

    ” I am the plaintiff in the case written about here. My lawyers are Faruqi & Faruqi LLP in New York. If you want to join the case, you can contact them at 212.983.9330.”

  • scotty bourque July 10, 2013

    my hours keep getting rolled back and now were being threathned if gratuity is added which is the decision of the table

  • scotty bourque July 10, 2013

    how do I join in the suit or start one in louisiana

  • Donnie Carter September 25, 2013

    Hey I was a server and bartender at Ruby Tuesday in Alabama,DC and Atl from Oct 07-April 10 and this was a common practice for them to roll back hours have us do side work and general cleaning for 2.13 or not even be on the clock

  • DLK November 9, 2013

    I’ve seen this happen in 3 different stores I worked in over the 10 years I was with them and I was always given the choice… I chose to have my hours rolled back and wait to clock in because I really didn’t give a crap about the 2 dollars… I only cared about my tips, which was way more than my hourly wage. I was never forced to have my hours rolled back unless I wanted it that way.

  • AB November 12, 2013

    What about the fact the servers pay the host and food runner majority of their wage? Or when on Togo we have to come in and work or sit for two hours before we open? On a tipped position with no tip. Or no compensation for wear and tear on my car when delivering, running to other stores to pick up what we ran out of, or running the deposit? Another one our store does, has the food runner expo and run. So basically they get out of paying a expo. And we pay the food runner who now is to busy to do anything but expo? Again probably just my location but the have a “barback” that gets double sat and tips the bartender 40% so when you walk with $100 AFTER tip out. Really only take home $60 . With your taxes none the wiser! – server

  • Sonja McIntosh November 12, 2013

    This seems to be happening all over the globe. I’m from Iowa and they did everything everyone of these comments is claiming. I can’t believe they got away with it for this long. I want to join this case.

  • Kristen Williams November 12, 2013

    I worked for Rubys in Tennessee in this happened to me a lot. So I filled out the form in sent it in today!!!!!! I didn’t work for nothing!!!!!!

  • Glenda lockliear November 12, 2013

    They also let people do take out orders and charged the tip to me when I, in fact, didn’t receive a dime.

  • Lou November 13, 2013

    when the economy fell the upper management came in and reduced he pay of all cooks to $10 an hour this caused a lot of long term employees to seek employment else where as a manager I was forced to shove this down the throats of m employees when I questioned the legality I was told to do it or face losing my job

  • Theresa November 13, 2013

    I worked one day at the Goldsboro store that required us to watch their little videos off the clock. After talking to several of the waitstaff there I learned this was a common practice. I never went back because I knew it was illegal and I didn’t want to be a part of that. I wish you all the best. It sickens me that a large corporation like this would so blantantly abuse its workers. I know where I’m not dining when I eat out again.

  • Lebensteiner November 13, 2013

    This is a poorly run and deceitful company that preys on college students and there ASSUMED ignorance. They deserve this attention and more.

  • HHHH November 13, 2013

    I got a letter in the mail today asking if this happened to me, and if I wanted to participate if it did.
    I was worried it was a scam? Anyone?

    I absolutely worked off the clock during my 4 years working there. I also had paychecks docked back to 40 hours because “they don’t pay overtime” when I worked much more than that.

    And I know for a fact that managers were getting bonuses and vacations based on how little they paid out in their restaraunts.
    But I have no proof. I haven’t worked at RT in over 2 years. I left to get a better job.

  • susan woodard November 14, 2013

    I have worked in two different Ruby Tuesday stores and was asked to clock in after I recieved my first table and clock out once I fnished my last table… they also rolled my hours back once I reached fourty hours….

  • Destiny Ware November 14, 2013

    Wow my mom called me and told me about what was happening with rubys. She said remember when you came home and told me this was going on? I told you back then that it was illegal what they were trying to do and I should say something. Little did I know all the stuff that was mention against them happened to me ans multiple co workers. I would very much like to participate and help anyway I can. I also know other people who would love to participate as well. Its just wrong that a multi million dollar company can do this to there employees. I just didnt think my situation would matter or make a difference until now!

  • Jeremiah Brown November 15, 2013

    I would like to get some info on how to join in on this. I have worked for them for two years on and off and I have a lot to add and help this lawsuit.

  • Josh Hanson November 18, 2013

    I would like info to join as well. I worked for Rubys for 7 years and saw things like this happen often

  • atesha harrison November 27, 2013

    I want to be a part of this because im a victim also!!!

  • bobbie carter November 30, 2013

    I was an employee for this company for over six years and use to get into verbal disagreements with management on a daily basis. I was forced to bartend because they said i was grandfathered into it. And then when they decided that we were no longer allowed to take tables which was the only way I could make state regulated min. wage I was put in a position where if I didn’t keep my mouth shut my job was threatened. When they changed the policy on bartender tip outs, by pooling them and putting it on your paycheck instead I knew that was their way of covering there base by saying well you actually do make min. wage if you account the tip pool. I would make over a hundred drinks on a Friday night and someone who makes 25 on Monday makes the same as me if they worked the same amount of hours. Also many of us would come into work at 9 or 10 am on Sunday and would be told we would have to sit there for sometimes up to 3 hours until we had a table. not allowed to clock in till then because they always had to “save labor” And what about the time after we were “cut” and had to do ridiculous cleaning tasks that could take up to 2 hours, not making tips therefore not making min. wage. Many days I worked open to close bar shifts because they had no bartenders, and I was forced to do so without a break. The list goes on and on. Now I hear they have given bartenders tables again, as a favor,well we all know thats not true. I was also asked to forced to have my time rolled back so that I could pick up money shifts because most shifts I worked were bar shifts. Many nights I worked 6 hr bar shifts and left with 10$. I was also forced to clock out to do side work so I could save my hours for money shifts. after 6 years there I have witnessed so many things. Can’t wait for my day in court!

  • Jones December 3, 2013

    Bobbie Carter, I know about all of this too well. I also was a bartender for 5 years and went through all of the same exact things. Ruby Tuesday only cared about themselves as a company and managers tried to do whatever to make the company happy.

  • leslie davis December 18, 2013

    I would like to join the lawsuit against Ruby Tuesdays wage and hour suit.

    Thank you,

    Leslie Davis

  • Bonnie Evans December 19, 2013

    I would like to join lawsuit!!!!!!! I have other info about this company also!!!!!

  • hollie edwards December 23, 2013

    I have been an employee for the ruby tuesdays company for the past 3 years and I wud lik to join this act

  • evana December 28, 2013

    i would like to join this also. i am a victim also i was with the company in florida for 3 years and they did the samething to me also ..i was let go for no reason at all dec. 27th 2013 ..

  • Anthony Woodward January 3, 2014

    Yeah, I worked for them a while. Dirty as hell!!! The tip outs were crazy!!

  • NO NAME February 14, 2014

    I just recently started working for the company, and I think it’s a great restaurant. BUT yes it is shady as all can be. I noticed the problem with the tip out, makes me mad as hell. I worked a 9 hour shift this evening and left with $82. $28 of my total went to tip out. I would have gone home with over 100. I bust my ass for my tips. I understand tipping our host, cause they only make $3 and change an hour themselves. Our host at our location help out a lot. We have a really great team, but the way Ruby Tuesdays Corp. is taking money from us that we aren’t being allowed to keep is just ridiculous. I almost feel as though we are having to pay Ruby Tuesdays to be their employee and go along with it or we are fired. Clinton, NC

  • kizzy lane May 17, 2014

    I wrk for ruby tuesdays in pa an they are striate crooked. Even lied on my w2 an said i made over 9,000 dollars in tips.. where the money go i never seen it.

  • Arndra Fields July 19, 2014

    I worked for Ruby Tuesdays for 7 years. I am a victim of the clock roll back, I have seen racism at its worst with this company and so much more. I am apart of the lawsuite!!!

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