Denny’s Servers to Get $4 Million in End to Tipped Wage Lawsuit

A group of Denny’s Inc. servers who alleged they were underpaid tipped workers will receive just over $4 million after a federal judge added a nearly $1 million attorneys’ fees award to an earlier order approving a settlement of the case.

All claims in the case have been terminated as a result of prior agreements or court orders, said Judge Christy Criswell Wiegand of the US District Court for the Western District of Pennsylvania. The $4.009 million total award to named plaintiff Juli Wintjen and a subclass of tipped employees includes about $983,000 in attorney’s fees, the judge said April 4, awarding the fees.

• The servers also alleged that Denny’s had required them to perform non-tipped work unrelated to their serving responsibilities
• Wintjen alleged that Denny’s violated federal and Pennsylvania wage-and-hour laws when the company categorized its servers as tipped employees despite failing to provide adequate tip-credit notice, Wiegand said
• The court reduced the requested rates of six attorneys from Lynch Carpenter LLP by 25% “to bring them more in line with the rates reported by Ms. Wintjen’s proffered comparators” and to take other factors into account

Connolly Wells & Gray LLP also represents the workers. Bricker Graydon LLP and Vorys, Sater, Seymour & Pease LLP represent Denny’s.

The case is Wintjen v. Denny’s Inc., 2025 BL 115269, W.D. Pa., No. 2:19-cv-00069, 4/4/25.