Chip’s Family Restaurant Unpaid Wages Lawsuit
Servers are suing Chip’s Restaurant for minimum wage violations.
IMPORTANT UPDATE: On October 6, 2020 the Connecticut Supreme Court upheld the trial judge’s granting of class certification. The case can now proceed as a class action. Read the Connecticut Supreme Court Ruling here.
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I. Who are the Defendants?A
Chip’s Family Restaurants is a Connecticut restaurant chain that operates several restaurants across the state.
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II. What is this case about?A
Minimum Wage. Restaurants must pay their servers the full minimum wage., currently $10.10/hr., for their entire shift if they make those servers do side-work and fail to pay the side-work at the full minimum wage. These restaurants, including Chip’s pay the lower server wage, $5.38/hr. for all hours worked, including side-work. We allege that this practice violates the law.
In 2017, a Connecticut judge awarded a server $22,455.94 in back wages against a restaurant who had a similar practice.
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III. What court is the case filed in?A
State. This case is filed in Connecticut Superior Court.
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IV. Should I fear retaliation?A
No. It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you.
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V. Where can I go to get answers to my questions?A
Call us. You are always welcome to call us at Hayber, McKenna & Dinsmore who will do their best to answer your questions. Our number is 860-522-8888.
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VI. Where can I learn more about the law?A
Click here. The Connecticut Department of Labor’s Gratuities in the Restaurant Industry webpage has more information about what constitutes “service” and “non-service” work (side-work).
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VII. Who are the lawyers representing?A
Hayber, McKenna & Dinsmore, LLC. The servers who brought this lawsuit are being represented by the Hayber, McKenna & Dinsmore. We are experienced attorneys that have successfully handled cases like this in the past.
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VIII. How much can I expect to get?A
It depends. We claim that servers should be paid twice the amount of the full minimum wage for all hours worked, minus what Chip’s Restaurant has already paid them.
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IX. Will I have to pay any legal fees or costs?A
No. We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement. The court will closely supervise our fee petition and ensure that it is fair to the class.
X. What is the status of the case?
The following represents the status of the case as of the date indicated:
| DATE | COURT FILING | DESCRIPTION |
| November 1, 2017 | Complaint | This is the lawsuit itself which includes the detailed allegations of wrongdoing. |
| March 1, 2019 | Court Order Granting Motion for Class Certification | The judge’s ruling granting class certification. |
| October 6, 2020 | Connecticut State Supreme Court Option | The State Supreme Court’s ruling upholding the motion for class certification. |