The Cheesecake Factory Server Lawsuit

Servers Fight Back: sue the Cheesecake Factory over pay practices

A group of waiters and waitresses filed a federal lawsuit alleging that The Cheesecake Factory
violated federal labor law by engaging in illegal pay practices regarding uniforms, off the
clock work, calculation of overtime pay and other related wage and hour violations.

Servers allege illegal pay practices that include:

Unpaid Work Hours -- "Off the Clock" Work. The Cheesecake Factory has a general
policy against paying servers overtime hours. This policy results in unpaid working hours or
"off the clock" work. Despite The Cheesecake Factory's requirement that servers arrive early
for work according to its policy that “early is on time, on time is late, and late is
unacceptable,” it routinely attempts to save server clock hours by requiring or permitting the
following illegal policies, practices or procedures:

		The Cheesecake Factory’s computerized time system prevented servers from
		clocking in except for a brief six minute window at the start of their shift.
		Servers work “off the clock” runner shifts.
		Servers attend pre-shift alignment meetings prior to clocking in.
		Servers work “off the clock” before serving their first guests at the start of their shift.
		Servers work “off the clock” after closing out their last check at the end of their shift.
		Servers are clocked out by managers.

Uniform and Other Tip Credit Violations

		The cost of required Shoes for Crews shoes are deducted from servers’ paychecks.
		Servers are required to purchase their uniforms.
		Servers are required to maintain, clean and iron, at their expense, their uniform.
		Servers are required to purchase aprons.
		Servers are required to purchase Cheesecake Factory logo shirts.
		Servers are charged $10 for lost computer swipe cards.
		Servers are required to purchase tools of the trade including, black order books,
		pens, lighters, and wine keys.
		Servers are required to pay for a customer “walk outs."
		Servers are required to pay for any cash shortages resulting from customers short
		paying their check, cash handling errors, or problems with the cash out machines.
		Servers are required to tip out an excessive percentage of their tips

The Cheesecake Factory Server Lawsuit

Want to Join?

Servers who worked
for The Cheesecake
Factory at any time
since August 2003
may be eligible to join
the lawsuit.

To learn more
CONTACT US right
now!

Cheesecake Factory Servers Need Your Help!
Our clients need your help. We need to talk to people who worked for The Cheesecake
Factory at any time since August 2003. If you did, please CONTACT US right now!

Did You Know?

Illegal Pay Practices are
common in the restaurant
industry. In fact, the U.S.
Department of Labor has
targeted restaurants for
enforcement because
violations are so common.
These violations are
particularly troubling
because restaurant workers
are among the lowest paid
in the nation.

For more information about
wage violations in the
restaurant industry visit our
blog

Know Your Rights

Tipped employees cannot
be required to purchase
their uniforms.

Employers must pay for
uniform cleaning if ironing
or other special cleaning is
required.

Read the U.S. Department
of Labor's Opinion Letter on
uniforms of tipped
employees.