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P.F. Chang’s Must Face Servers’ Wage Suit Over Untipped Work

Aug. 16, 2019, 3:49 PM

P.F. Chang’s China Bistro Inc. must face a suit by servers seeking more pay for the time they spent doing work other than waiting on customers, a federal district court said Aug. 15.

Rejecting the Department of Labor’s recent reinterpretation of a related regulation as unreasonable, the Eastern District of Pennsylvania said the critical inquiry into whether an employer can take a tip credit and pay a server $2.13 an hour plus tips for all time worked is whether the employee performs untipped work more than 20% of the time.

If the employee performs untipped work more than 20% of ...

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