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Trinity Restaurant Group, LLC/IHOP

This lawsuit seeks to recover unpaid wages for restaurant servers who worked at International House of Pancakes ("IHOP") restaurants operated by Trinity Restaurant Group, LLC in Michigan. The servers allege that IHOP violated federal and state wage laws by paying them a tipped minimum wage less than $7.25 per hour and requiring that they perform significant side-work tasks such as cleaning the restaurant. It is anticipated that Trinity Restaurant Group will deny that it violated any laws.

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Case Updates

Mar 26, 2018

Today, our firm along with co-counsel filed a collective and class action lawsuit against Trinity Restaurant Group, LLC in the Eastern District of Michigan. The lawsuit alleges that Trinity Restaurant Group violated the Fair Labor Standards Act and Michigan wage law by paying servers at its International House of Pancake (“IHOP”) locations below $7.25 an hour plus tips but required 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, preparing toppings, preparing food for the salad bar, getting ice, and cleaning the restaurant. The lawsuit seeks to proceed on behalf of all Servers employed by Trinity Restaurant Group at one of its IHOP restaurants during any workweek within the last three years.

You can access a copy of the 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.

May 23, 2018

Today the federal judge overseeing this lawsuit issued an order scheduling an in person conference with the attorneys in this case for June 18, 2018 at 9:30 a.m. A copy of the order is available below.

Jun 19, 2018

Yesterday the federal judge overseeing this lawsuit held an in-person conference to establish deadlines for this lawsuit. Today the Court issued an order setting forth the deadlines that were discussed at the conference. A copy of this scheduling order is available below.

Jun 29, 2018

Today we filed an Amended Complaint which added an allegation that Trinity Restaurant Group required its servers to contribute a portion of their tips to a tip pool that included expediters and dishwashers. According to the Plaintiffs, the inclusion of these restaurant employees in the tip pool violated federal and Michigan wage law. A copy of the Amended Complaint is below.

Jun 29, 2018

Today we filed a motion for conditional certification with the Court. The motion asks the Court to order Trinity Restaurant Group to provide a list of servers who worked at each of their 13 IHOP restaurants during the last three years so that then can be mailed a notice informing them of this lawsuit and their right to participate in it. A copy of the motion package is available below.

Jul 19, 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.

Sep 25, 2018

Today we filed a motion for class certification with the Court pursuant to Federal Rule of Civil Procedure 23. The motion seeks the certification of the following class under Michigan wage law: All current and former Servers who worked for Defendant Trinity Restaurant Group, LLC at its IHOP restaurants in the State of Michigan since March 26, 2015. A copy of the motion is available below. The Court has scheduled oral arguments on this motion and our motion for conditional certification of a collective under the Fair Labor Standards Act for November 19, 2018.

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