ORLANDO – A former server for a Port Orange restaurant alleges she was required to work off the clock and pay for unpaid bills from customers.
Amanda Shavers filed a complaint on Nov. 7 in the U.S. District Court for the Middle District of Florida, Orlando Division against Neighborhood Restaurant Partners Florida LLC, doing business as Applebee's, alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that she was employed by the defendant as a server from January 2011 through May. She alleges she was paid tip-credited minimum wage during most hours worked, however, the defendant required her to pay for unpaid customer bills, company aprons and name tags and that she was demanded to clock out at the end of her shift but expected her to continue performing her duties while off-the-clock.
The plaintiff holds Neighborhood Restaurant Partners Florida LLC responsible because the defendant allegedly failed to properly apprise its employees of their rights under the FLSA, failed to keep or provide an accurate record of its employees' hours worked, and failed to compensate its employees of overtime wages.
The plaintiff requests a trial by jury and seeks judgment in her favor, unpaid minimum wages, attorney's fees, costs and expenses of litigation and further relief deems just. She is represented by Kimberly De Arcangelis of Morgan & Morgan PA in Orlando.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-01944