Class action status is being sought in a lawsuit filed on behalf of former waiters at Excelsior, The Federalist, and Grill 23 & Bar, all in Boston. The suit was filed following a clarification by the attorney general's office on the state's tip law. The law, which states that employers are not required to pay servers the state's minimum wage provided that they receive 100% of their tips, has been clarified to state that only waiters are due all tips and define serving staff as anyone who delivers food and beverages "directly to patrons."
The suit claims that the plaintiffs were fired following complaints to management that they were required to share their tips. "As this is getting a lot of publicity, and more and more waiters are speaking up for their rights, many of them are suffering retaliation, and that is not legal. You cannot take action against an employee for speaking out under the wage law," stated an attorney for the plaintiffs.
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