Carmengio’s Cucina Italiana

Case Information

This is a Fair Labor Standards Act (FLSA) case involving servers working at Carmengio’s Italian restaurant in Texas. The lawsuit claims Carmengio’s illegally (1) retained a portion of its servers’ tips; (2) required servers to share tips with non-tipped employees; (3) deducted wages from servers’ paychecks; and (4) failed to provide legally required notices to tipped employees.

The lawsuit alleges that these illegal practices prevent Carmengio’s from paying servers the sub-minimum “server wage” and requesting payment of the full minimum wage for each hour worked for each of the affected servers. [i.e. $5.12 is the difference between the server wage ($2.13) and full minimum wage ($7.25)]

The lawsuit requests recovery of wages at $5.12 per hour for each hour worked in weeks when a violation occurred plus “liquidated damages” in an equal amount of the unpaid wages as provided for under federal law.  The lawsuit also requests repayment of all tips that were improperly retained plus an equal amount as liquidated damages. Finally, the lawsuit seeks repayment of the servers’ attorneys’ fees and costs.

Status Updates

February 6, 2019 – Lawsuit filed

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