Hooters Girls sue restaurant for minimum wage violations
By: Freeman Klopott
Examiner Staff Writer
August 11, 2009
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| (Getty Images file photo) |
More than a dozen former and current "Hooters Girls" from the District, Maryland and South Carolina have sued the chicken wing giant for violating minimum wage laws.
The lawsuit filed in the District's federal court late last week, claims the company counted the girls' tips toward the minimum wage and then violated the law by requiring them to pay the company for their uniforms, among other allegations.
The scheme "essentially amounted to kickbacks," to Hooters, said Heidi Burakiewicz, the attorney for the 13 Hooters waitresses. Hooters did not respond to requests for comment.
The waitresses were required to buy their shirts, shorts, aprons, socks, shoes and pins from the company, the lawsuit alleges. The biggest ticket item, however, were nylons for which Burakiewicz said the company charged $4 a pair.
"They're very distinctive pantyhose," Burakiewicz said. "Under no circumstances would you see someone wearing them on the street." The pantyhose wore out quickly, and the girls were often buying new pairs, she said.
Federal law allows an employer to pay a tip-earning employee $2.13 an hour, which the lawsuit claims Hooters did. But, if the employer chooses that path, it can't then charge for uniforms.
An employer paying the lower hourly wage also can't require employees to pool their tips and then have them include typically non-tip-earning employees in the payout. The lawsuit claims that Hooters did just that, making the waitresses share their tips with dishwashers and other kitchen employees.
The suit also alleges the Hooters Girls were not paid overtime for the hours it took to open and close the restaurants, and for the meetings they attended. The nationwide restaurant chain also deducted from the girls' wages the cost of customer "walk-outs," the suit said.
This is the second lawsuit in recent months filed by Hooters Girls alleging the company violated minimum wage laws.
In May, eight girls filed a suit against the company in California claiming their tips were used in a similar scheme.
Burakiewicz said her law firm, Woodley & McGillivary, is planning to ask the court to create a nationwide class action suit.
