On June 16th, 2021, GessnerLaw, PLLC, filed a Class and Collective Action Complaint on behalf of Miranda Hathaway and all current and former non-exempt hourly tipped employees of Smallcakes Steele Creek, LLC, and Smallcakes Ballantyne, LLC.
The Complaint alleges that Smallcakes permitted an unlawful tipping policy/practice that allowed Defendants to retain the tips paid by the customer earned by Plaintiff and other similarly situated employees.
Ms. Hathaway, on behalf of herself and all others similarly situated, seek to recover unpaid, misappropriated tips and other damages as allowed by the Fair Labor Standards Act (“FSLA”) and the North Carolina Wage and Hour Act (“NCWHA”).
On September 7, 2021, United States District Court Judge Frank D. Whitney granted Plaintiff’s Motion for Conditional Certification and allowed Court authorized Notice of the Lawsuit and Consent to Join to be sent to potential class members who may also be owed misappropriated tips and other damages in this matter.
If you have any questions about this case, please contact GessnerLaw, PLLC.