Instawork-Centered Litigation Points to New Crease in Labor Law Surrounding Employee Tipping

Jasmine Floyd wrote an article about Jane Muir’s recent lawsuit filed in Miami-Dade County on behalf of bartenders who were allegedly cheated out of their tips at a music festival called Three Points.

Coral Gables attorney Jane Muir of J. Muir & Associates, who represents Rosangela Fernandez and other bartenders, said this is a new cause of action under the Fair Labor Standards Act. She said previously plaintiffs couldn’t just sue for tips, but also had to make a wage and hour claim for improper minimum wage or overtime pay.

According to Muir, prior to the change in the law, cases such as Malivuk v. AmeriPark LLC and Aguila v. Corporate Caterers IV Inc. in the Eleventh Circuit found that there was no independent cause of action under the FLSA for tip theft.

Muir said, “It is important for attorneys to note that there is now a private cause of action for tip theft.” Muir’s clients allege fraud in the inducement, and violation of the Fair Labor Standards Act.

To read the article, click here.