Rafferty v. Denny's, Inc., No. 20-13715 (11th Cir. 2021)Annotate this Case
Plaintiff filed suit against Denny's, alleging violations of the Fair Labor Standards Act (FLSA) and seeking to bring claims on behalf of herself and all similarly situated tipped employees who were subject to Denny's alleged policy or practice of paying these employees sub-minimum hourly wages in violation of the tip-credit provisions of the FLSA.
The Eleventh Circuit concluded that material issues of fact exist concerning plaintiff's dual-jobs-regulation claims (Counts Two and Three), and thus summary judgment was not appropriate. The court also concluded that the district court properly granted summary judgment on plaintiff's tip-credit notification claim (Count One). Accordingly, the court affirmed the district court's entry of summary judgment as to Count One, but reversed its entry of summary judgment as to Counts Two and Three. The court remanded for further proceedings.