Pelon’s Tex-Mex Restaurant
Case Information:
This is a case involving servers at Pelon’s Tex-Mex Restaurant in Austin, Texas. The lawsuit claims that the restaurant required its servers share their tips with a back of the house dishwasher. This, we allege, prevents Pelon’s from taking the $5.12 per hour “tip credit” under the Fair Labor Standards Act (FLSA).
For each class members the lawsuit seeks $5.12 per hour for all hours worked where they were required to share tips with the back of the hours dishwasher. The lawsuit also seeks double this amount in “liquidated damages.”
The document that starts a lawsuit is called a Complaint. Click here to read the Complaint in this case.
This case has been closed. If you have any questions, please contact us at 512-782-0567.
Status Updates
April 20, 2018 – Court Approves the Parties’ Joint Stipulation of Dismissal
On April 20, 2018, the Court approved the parties’ Joint Stipulation of Dismissal. You can read the order here. This closes the case.
September 29, 2017 – Court Certifies Class
On September 29, 2017, the Court conditionally certified a class of Pelon’s current and former servers since June 24, 2015 that were included in a tip pool with the dishwasher or any other non-tipped employee. You can view the order here. The Court also directed the parties to confer about the proposed notice that Plaintiffs’ counsel will send class members.
August 7, 2017 – Motion for Conditional Class Certification Filed
On August 7, 2017, we filed a motion for conditional class certification and for judicially supervised notice. In the motion, which you can read here, we asked the court to certify a class of servers worked at Pelon’s Tex-Mex Restaurant since March 1, 2015 and were included in a tip pool with the dishwasher or any other non-tipped employee. We also requested that the Court authorize us to notify all potential class members of this lawsuit and of their ability to join the lawsuit.
