Vasquez Law represented a collective action of Plaintiffs who filed suit against their restaurant employer, Doris Metropolitan, a popular steakhouse located in the french quarter.
The arguments at a federal trial circulated around the function of managers who were relabeled as “service captains” after suit was filed. Managers participated in a “pooled house” meaning all of the tips for the servers were pooled together and distributed to server assistants, servers, and in this case, managers (now called service captains).
Plaintiffs previously argued a motion for summary judgment and the Judge rendered a decision that a manager/owner could not participate in the tip pool even if the tips were not taken by him but rather kept in the restaurant operating account.
A decision now remains to be rendered on whether a manager/service captain who supervises the servers execution of service at the table, who serves special meats to some tables, and who occasionally pours wines for guests should participate in the tip pool. Testimony was elicited that these same managers supervised the dishwashers, had keys to the restaurant, and had the ability to hire and send home employees.
Plaintiffs remain confident that they have proven their case and await a decision from District Court Judge Susie Morgan.
For more information see this link: Black v. DMNO, LLC