What is the Lawsuit About?
Two servers and bartenders who worked for corporate-owned Buffalo Wild Wings locations in New York and Ohio filed a minimum wage lawsuit against Blazin Wings, Inc. (Buffalo Wild Wings or BWW) in the United State District Court for the Western District of New York. Other tipped employees who have worked for BWW throughout the United States have also joined the lawsuit. The lawsuit claims that Buffalo Wild Wings violated federal minimum wage law (and for New York employees, New York minimum wage law) by requiring servers and bartenders to perform improper types and amounts of non-tipped work while paying them less than minimum wage, such as:
- sweeping, mopping, vacuuming, or deck scrubbing restaurant floors;
- washing cups or glassware;
- preparing food, such as slicing fruit;
- rolling silverware; and
- performing various opening, closing, and cleaning duties for more than 20% of their time worked.
On March 18, 2016, the federal court in which the case is pending granted Plaintiffs’ motion for conditional certification of their nationwide claims for owed minimum wages arising under the federal Fair Labor Standards Act. The Court Order granting conditional certification covers more than 58,000 tipped employees employed by Blazin Wings across the United States. The federal Fair Labor Standards Act claim seeks to recover minimum wages for any person who worked for a corporate-owned Buffalo Wild Wings restaurant and was paid the sub-minimum server wage anywhere in the United States during the prior three years. You may join the lawsuit if you worked for a BWW location owned by Blazin Wings in the last three years and were paid the sub-minimum server wage, less than the full minimum wage.
The lawsuit also alleges a potential class action for Blazin Wings New York employees, under New York law. The Court has not yet certified the minimum wage claims arising under New York law as a class action.