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Monday, June 25, 2007

Quadrangle restaurant Riccardi’s sued by waiters

by Teresa Gubbins

DALLAS — A class-action complaint has been filed in Dallas Federal Court accusing Riccardi’s, the Italian restaurant in the Quadrangle, of requiring employees to participate in an invalid tip pool.

Many restaurants require servers to put their tips in a pool that's then parceled out to the staff at the end of the night. This practice helps equalize pay and sometimes creates a more collaborative environment, but it penalizes servers who are big performers.

A manager at the restaurant said he couldn't comment on the lawsuit.

Staff
Verified User
Anonymous

WHERE AND HOW DID THIS RUMOR GET STARTED?? THERE IS NO LAWSUIT FOR UNLAWFUL TIP POOLING! RICCARDI'S DOES NOT TIP POOL.

atina Anonymous

2 years, 5 months ago
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"atina", the source of this information is <a href="http://www.courthousenews.com/subinfo.html#TX">Courthouse News Service</a>. are you involved with the restaurant in some capacity?

Teresa Gubbins Staff

2 years, 5 months ago
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yes I am but this is the first we know of this. how is that possible? we do not tip pool or require anyone to do so. how stange? I am offended!

atina Anonymous

2 years, 5 months ago
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"I am offended" works. Like busting into tears when 'he' begins to win the argument. Nice chess game here. Next move?

Rawlins Gilliland Verified

2 years, 5 months ago
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tg: at the heart of this item is restaurants refusal to pay a living wage to servers and other employees. heck, half of our businesses today refuse to pay a living wage. down to bosses and owners and other greedy pigs.

adee_sixx Anonymous

2 years, 5 months ago
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I never waited tables, but I parked cars through college. we always pooled tips. I found the system fair, because it spreads the risk of bad luck. In other words, if you get the table of 12 church people who don't tip (sadly that's been my experience) or worse yet frat boys, where you're gonna bust your but for no tip, then it takes some of the pain away. Same thing on parking cars, I often just had the good luck of the guy like me, who is a former valet who tips five or ten bucks, versus teh little old lady who tips a quarter, cause it was a lot of money in the forties.

bill

Bill Holston Verified

2 years, 5 months ago
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I resent that little old lady comment. There are a lot of big old ladies out there. Why don't you pick on them/

adee_sixx Anonymous

2 years, 5 months ago
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Come to think of it, there are a lot of big and little old guys out there, too.

adee_sixx Anonymous

2 years, 5 months ago
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All I'm saying is that when we'd work at the Dallas Women's club they'd tell me to bring a coffee can, because you were going to get nickels for tips. It was true. Hey, I am a little old guy. No offense to big old ladies intended.

Bill Holston Verified

2 years, 5 months ago
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While I have no information about Riccardi's practices or whether they've been sued, I have worked in both the food service and legal fields in my lifetime. So I felt a little stupid when I read this and didn't know what the heck tip pooling is all about.

For others, like me, who may be unfamiliar with the practice, here's what the Department of Labor has to say about it:

http://www.dol.gov/esa/regs/complianc...

News releases from the Wage and Hour Division of the DOL indicate that several Houston restaurants have been sanctioned for violating tip pool rules in the past couple of years:

http://www.dol.gov/esa/media/press/wh... http://www.dol.gov/esa/media/press/wh... http://www.dol.gov/esa/media/press/wh...

And at least one Dallas restaurant:

http://www.dol.gov/esa/media/press/wh...

According to the DOL's <a href="http://www.dol.gov/esa/whd/statistics/200631.htm">2006 statistics</a>, "Over a third of WHD enforcement resources are attributed to investigations in nine low-wage industries, which include day care, restaurants, janitorial services, and temporary help."

Restaurants are by far the target of most of the investigations for 2006, so I'm guessing that most folks running and working in restaurants may be as unaware of the laws regarding tip pooling as I was.

I feel like I learn something every day here at Pegasus News . . . .

April Powell Staff

2 years, 5 months ago
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It has always my understanding that tip pooling is not an illegal practice so long as it's only tip-qualified workers who participate.

So what is the complaint filed? The link to the Corthouse News says nothing. Details, please.

Is it "tipped workers" claiming that "untipped workers/supervisors" are illegally sharing in the pool? Or ???

Billusa99 Anonymous

2 years, 5 months ago
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Courthouse News changes its menu pretty regularly. the only data they had was that it was a class-action complaint, filed in Dallas Federal Court, accusing Riccardi’s of requiring employees to participate in an "invalid tip pool".

I've had communication with Riccardi's owner Anita Riccardi, who says that the restaurant's general policy is not to pool tips; but that, "sometimes our waiters do want to POOL their tips if we have big parties and we all work together, but other than that, this is NEWS to me."

it would appear that the suit has been filed by an employee, but i haven't seen the suit nor the identity of the person who filed it.

Teresa Gubbins Staff

2 years, 5 months ago
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I think it's a shame that people always want to sue someone that is doing well. Riccardi's is such a nice place to go to and everyone treats us so well. It's a very happy place to be. I am surprised that they are being sued because I know Anita treats her employees well and does things for them that others would not or do not do. I am curious as to who this person is that is sueing them.

Angelina Anonymous

2 years, 5 months ago
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Just to clarify, for folks who don't care to read all of the Department of Labor stuff above (hey, not everybody likes dry, legal writing as much as I do), tip pooling in and of itself is not prohibited. There are just rules on how tip pools are conducted.

The main thrust behind the DOL rules seems to be ensuring that everyone employed is receiving at least the minimum wage. If the suit mentioned in the news item is, as Teresa says, a class action, the DOL may not be involved in it at all. I just found their site a good resource because I had no idea what tip pools were or that they were regulated by law.