BARTOW – A former server at a Denny's restaurant in Winter Haven alleges the restaurant applied a tip credit to her wages when she was performing non-tipped work.
Michelle Detwiler filed a complaint on Sept. 1 in the 10th Judicial Circuit Court for Polk County against EYM Diner of Florida LLC, doing business as Denny's, citing the Florida Minimum Wage Act and the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that she was employed by the defendant between November 2012 and October 2013. The plaintiff holds EYM Diner of Florida LLC responsible because the defendant allegedly improperly applied a tip credit to every hour that the plaintiff worked, even when she was performing non-tipped tasks. She alleges this practice was detrimental to her.
The plaintiff requests a trial by jury and seeks award liquidated damages to plaintiff, all unpaid wages, interest, all legal fees and any other relief as the court deems just. She is represented by Michael L. Grossman of Cohen Grossman, Attorneys at Law in Maitland.
10th Judicial Circuit Court for Polk County
Case number 8:16-cv-02552-JSM-JSS