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Ohio Denny’s Servers Score Early Win in Tip-Credit Suit

Jan. 15, 2020, 7:22 PM

A group of Denny’s servers in Ohio have enough evidence to support federal and state law claims that they weren’t paid the correct wage for certain tasks, an Ohio federal court ruled.

The servers plausibly alleged that they spent more than part of their time performing untipped work that was unrelated to their tipped occupation, Judge Jeffrey J. Helmick of the U.S. District Court for the Northern District of Ohio said. The court denied Denn-Ohio LLC’s motion to dismiss the case Tuesday, after rejecting the franchisee’s argument that the servers’ claims were precluded by recent Labor Department guidance on Fair ...

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