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McCormick & Schmick's Seafood & Steaks

This lawsuit seeks to recover unpaid wages for restaurant servers who have worked at the McCormick & Schmick's Seafood & Steaks restaurant located in Philadelphia, PA. The servers allege that McCormick & Schmick's violated City wage laws by paying them a tipped minimum wage of $2.83 per hour and requiring them to tip-out employees who were either not working at the time the tips were earned or did not have direct customer contact as part of their employment. It is expected that McCormick & Schmick's will deny that it violated any laws.

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Case Updates

Jan 22, 2018

Today we filed a class action Complaint in the Court of Common Pleas for Philadelphia County against McCormick & Schmick Restaurant Corp on behalf of servers at its McCormick & Schmick's Seafood & Steaks restaurant located in Philadelphia, Pennsylvania. The lawsuit alleges that McCormick & Schmick's violated the Philadelphia Gratuity Protection Bill and the Pennsylvania doctrine of unjust enrichment by paying its servers a sub-minimum wage of $2.83 per hour plus tips but requiring that servers pay a portion of their tips to employees who were not actually working at the time the tips were earned. The lawsuit also alleges that servers were required to share a portion of their tips with bussers who do not have sufficient and direct customer interaction to allow them to participate in the tip pool. The lawsuit seeks to proceed as a class action under Pennsylvania and Philadelphia law on behalf of all individuals who have been employed as servers at the restaurant. It is expected that McCormick & Schmick's will deny that it violated any laws. You can access a copy of the Complaint below.

Apr 3, 2018

Today we filed an Amended Complaint with the Court of Common Pleas for Philadelphia County. A copy of this new pleading is available below. The Court has scheduled an initial conference in this case for May 3, 2018.

Apr 23, 2018

Today Defendant filed Preliminary Objections seeking to have the case dismissed. A copy of this filing is below.

Jun 6, 2018

Today we filed our opposition to Defendant's Preliminary Objections. A copy of our opposition package is posted below.

Jun 28, 2018

Today the City of Philadelphia filed a motion to intervene in this lawsuit to argue that the Plaintiff's interpretation of the Philadelphia Gratuity Protection Bill is accurate. A copy of this motion is below.

Jul 5, 2018

Today we are excited to announce that the Judge overseeing this lawsuit overruled the Defendant's Preliminary Objections. This is an excellent development. A copy of the Court's order is available below.

Jul 23, 2018

The Defendant filed a motion today asking the Court to certify its July 5, 2018 order overruling Defendant's Preliminary Objections for an immediate appeal. A copy of this motion is available below.

Jul 23, 2018

Today the Court granted the City of Philadelphia's motion to intervene in this case. The order can be accessed below.

Jul 24, 2018

Today the Court denied Defendant's motion for an immediate appeal of the July 5, 2018 order overruling Defendant's Preliminary Objections.

Jul 26, 2018

Today, the Defendant filed an Answer to the Amended Complaint. In the Answer, Defendant denies violating the law and asserts that its pay practices are legal. You can access the Answer below. The Court has scheduled a hearing for August 7, 2018 to establish a discovery schedule in this case.

Aug 15, 2018

Today, the Court entered an order setting forth a schedule in this case. A copy of the order is available below.

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