Cracker Barrel, Workers Fail to Nab High Court Wage Row Review

Cracker Barrel Old Country Store Inc. and a group of its workers both failed to convince the US Supreme Court Monday to review decisions that went against them in their wage-and-hour dispute.

The restaurant chain urged the justices to take a look at a growing division over what workers must show before inviting others to join a Fair Labor Standards Act collective. Meanwhile, the workers asked the high court to review the US Court of Appeals for the Ninth Circuit’s addition to a lopsided circuit split restricting where district judges can hear out-of-state workers’ claims as part of a collective against an employer based elsewhere.

The workers, who sued in Arizona, allege Tennessee-based Cracker Barrel underpaid servers nationwide by failing to follow tip-credit requirements. The justices declined to use their dispute to clarify key issues surrounding FLSA collectives. The opt-in procedure lets workers join forces to pursue pay claims that otherwise might not be worth the time and effort.

Public Citizen Litigation Group; Sud & Pierce PLLC; and Bellaire, Texas-based Nitin Sud represent the workers. Constangy, Brooks, Smith & Prophete LLP represents Cracker Barrel.

The cases are Harrington v. Cracker Barrel Old Country Store Inc., U.S., No. 25-534, petition denied 2/23/26 and Cracker Barrel Old Country Store Inc. v. Harrington, U.S., No. 25-559, petition denied 2/23/26.