Smith & Wollensky Suit Over Hourly Wages Gets Class-Action Certification
Smith & Wollensky must face a class- action lawsuit brought by a waiter who claims hourly workers at the steakhouse chain’s Chicago restaurant are paid less than the minimum wage.
Smith & Wollensky, a unit of closely held Patina Restaurant Group, is accused of failing to pay the minimum, now $8.25 an hour in Illinois, to employees who earn tips, including waitresses and bartenders. The lawsuit will cover such employees for earnings since March 25, 2006, U.S. District Judge Ruben Castillo in Chicago said yesterday in an order certifying the case as a class action.
Also included are workers who worked more than 40 hours a week and were paid less than time-and-a-half. About 140 current and former employees may be represented by the suit, which seeks lost wages and unspecified further damages, said Douglas Werman, an attorney for the workers.
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