Legal Challenge to Tipped Wages
A lawsuit filed in federal court in Brooklyn by three former employees of a Chili's restaurant in Queens seeks to strike down New York state's lower minimum wage for workers who earn tips. In New York, where the standard minimum wage is $16 an hour or $17 in and around New York City, food service workers who earn tips may be paid $10.70 or $11.35 an hour. The plaintiffs claim that relying predominantly on tips forces workers to tolerate conduct such as sexual harassment and customer racial bias, and that the practice is fueled by the state's wage structure.
Broader Claims and Scope
The lawsuit also challenges Chili's operator Brinker International over its use of customer ratings to determine workers' schedules, shifts, and table assignments, arguing that the system can be racially biased and inhibits workers from rejecting unwanted advances. Lawyers for the plaintiffs indicated plans to expand the case into a nationwide class action. Brinker operates over 1,200 Chili's restaurants across the US, including 36 in New York. Brinker and the New York Attorney General's office did not immediately respond to requests for comment.