As this blog has previously discussed, for an employer to withhold tips from employees is against the law and subject to legal action. A class action of nine drivers has filed a lawsuit in Utah against their employer, All Resort Express, for doing just that.
According to the lawsuit, whenever customers paid with anything other than cash (such as a credit card) the tips were given directly to the company, rather than the driver. Allegedly, the company kept a significant percentage of those tips. The lawsuit also alleges that All Resort Express invented several means of keeping the tips, such as claiming that it was a service fee, or that the drivers were not tipped employees.
This practice of withholding tips affects all drivers of All Resort Express and has allegedly been going on for years. The lawsuit also alleges that drivers were threatened if they complained about this policy.
All Resort Express maintains that they have done nothing wrong and they intend to prove that in court.
The attorneys at the Chicago Overtime Law Center have decades of experience litigating wage and hour claims including overtime, meal breaks, vacation pay, and tips though out Illinois and the Chicago area including in Peoria. Our offices are conveniently located in Oak Brook Terrace and Chicago, Illinois. If you think your employer may have misclassified you as exempt, contact one of our Chicago or Oakbrook attorneys today at 312-869-4095 or fill out our online form today.