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This lawsuit seeks to recover unpaid wages for restaurant servers who have worked for Applebee's restaurants operated by New Apple, Inc. The servers allege that New Apple, Inc. violated federal law by paying them a tipped minimum wage of $2.13 per hour and requiring them to perform significant "side-work" tasks such as cleaning the restaurant and rolling silverware.
Nov 30, 2016
Today, our firm along with co-counsel filed a collective action lawsuit against New Apple, Inc. (d/b/a Apple Gold Group) in the District of South Carolina. The lawsuit alleges that New Apple violated the Fair Labor Standards Act by paying servers at its Applebee’s locations below $7.25 an hour plus tips but requiring that they spend more than 20% of their work time performing non-tip producing work. Examples of the non-tip producing work includes, for example, washing dishes, stocking condiments, preparing salads, cleaning the walls, wiping the tables, rolling silverware and cleaning the restaurant. The lawsuit seeks to proceed on a behalf of a collective of all Servers employed by New Apple at its Applebee’s restaurants who spent more than 20% of their time performing non-tip producing work as a Server while earning a sub-minimum hourly wage during any workweek since December 1, 2013. It is believed that New Apple has Applebee’s locations throughout North Carolina, South Carolina, Georgia, Kentucky, Indiana, Oklahoma and Arkansas. You can access a copy of the Amended Complaint below. If you would like additional information about the lawsuit and whether you are covered or potentially eligible to join, feel free to call our office at (215) 884-2491.
Feb 3, 2017
Today we filed an extensive brief in opposition to New Apple’s motion requesting that the Court “dismiss” the Fair Labor Standards Act claims of servers at its Applebee’s restaurants represented by our firm and co-counsel. You can access a copy of our legal brief below.
Aug 8, 2017
Today we are excited to announce the the federal judge in South Carolina overseeing this lawsuit issued an order denying New Apple's motion to dismiss the case. As part of her order, the Honorable Bruce Howe Hendricks held that the servers were able to assert claims for unpaid wages under the Fair Labor Standards Act because the servers had spent more than 20% of their work time performing non-tip producing work. A copy of the Court's order is available below.
Aug 22, 2017
Today, lawyers for New Apple filed the Answer to the complaint where they generally denied that the company violated the law. A copy of the Answer can be accessed below. We anticipate that the federal judge overseeing this lawsuit will now schedule a conference to set deadlines for the remainder of the litigation. If you worked as a server at Applebee's and would like more information about this case, feel free to call us at (215) 884-2491.
Mar 13, 2018
Earlier today, the Judge entered an order terminating the case. If you have any questions about this lawsuit please call our office at (215) 884-2491.