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Tip Pools and Tip-Outs: What’s Legal, What’s Not.

Don’t let your employer fund payroll with your tips. Let’s discuss who can be paid from a tip pool—and why employers must prove it’s legal. 1) The burden is on the employer—period. If your tips go into a pool, the employer must prove the pool was lawful and that every dollar went only to employees […]
Fifth Circuit Upholds Workers’ Right to Litigate Wage Claims – A Landmark Win for Employee Rights

Date: June 24, 2025 Case Overview – Garcia v. Gloria’s Latin Cuisine Background on the Lawsuit The Fair Labor Standards Act (FLSA) lawsuit against Gloria’s Latin Cuisine began when Plaintiff Garcia, a former server at the Las Colinas and Colleyville locations, alleged that the restaurant chain failed to pay her and other servers the federally […]
Navigating Non-Tipped Work for Servers: Understanding Your Rights in Restaurants

Understanding Non-Tipped Side Work Laws as a Server For servers working in restaurants across the United States, understanding the legalities surrounding non-tipped side work is crucial. This blog post dives into the rules and limitations set by law regarding the type and duration of non-tipped tasks that servers can be legally required to perform. Legal […]
Misclassification of Medical Courier Drivers: Your Rights to Unpaid Wages and Overtime Explained

Introduction: Misclassification in the Medical Courier Industry In the demanding world of medical deliveries, many drivers find themselves trapped in a system that denies them their rightful wages. They are often misclassified as independent contractors instead of employees. This blog post aims to expose the realities faced by medical courier drivers, including pharmaceutical delivery drivers, […]
Understanding Tip Credit Abuse: How Restaurants Exploit Servers with Non-tipped Work

Restaurants and Tip Credit Exploitation: A Growing Concern The hospitality industry is notorious for taking advantage of their staff, and one area where restaurants most often exploit their workers is through misuse of the tip credit (i.e. exploiting workers through the overuse of the subminimum hourly server wage). This article was written as a guide […]
Understanding Side Work Laws for Restaurant Employees: Your Essential Guide

What Every Server and Bartender Should Know About FLSA Side Work Laws For servers, bartenders, and the broader restaurant community, ‘side work’ is a familiar term. It encompasses those behind-the-scenes tasks, aside from the main role of serving or bartending. But, how many of these duties align with what an employer is lawfully allowed to […]
Wage Violations Against Courier Delivery Drivers: Unraveling the Misclassification Issue

Misclassification of Courier Drivers: Uncover Your Rights to Unpaid Wages If you’re a courier driver in the fast-paced world of medical supply delivery or on-demand delivery services, you may be unknowingly impacted by a prevalent legal concern in the industry – misclassification. Many courier drivers are wrongfully categorized as independent contractors when, by state and […]
Understanding Overtime Rights: Being Paid a Salary Doesn’t Exclude You

Being a salaried employee doesn’t always mean that you’re exempt from overtime pay. This is a common misconception among workers across the country, leading to countless cases of unpaid wages. At Herrmann Law, we are committed to upholding the rights of employees and helping employees recover the wages they are rightfully owed under federal law. […]
Empowering Servers: A Guide to Nontipped Duties & Side Work (Part 4)

Decoding Side Work: Servers’ Guide to Nontipped Duties & Side Work This is part 4 of our informative series, Empowering Servers, and today we unravel another issue that’s all too common in the restaurant industry – nontipped duties and side work. By unpacking the laws surrounding these tasks, providing an array of practical examples, we […]
Empowering Servers: Unveiling Illegal Deductions for Servers and Bartenders (Part 3)

Your Employer’s Illegal Charges: Unveiling Deductions for Servers and Bartenders As part 3 of our informative series, Empowering Servers, today we unravel an issue that’s all too common in the restaurant industry – illegal charges and deductions. If you’re a server or bartender grappling with legal questions about your employer charging you for various items […]
Empowering Servers: Understanding the Importance of Proper Tip Credit Notice (Part 2)

Did Your Employer Provide You Proper Tip Credit Notice? In this second installment of our Empowering Servers Series, we delve deeper into the importance of proper tip credit notice. Understanding the law is the first step in protecting your rights as a server or bartender, and Herrmann Law is here to help you navigate these […]
Empowering Servers and Bartenders: Unmasking Tip Credit Violations (Part 1)

Empowering Servers and Bartenders with Knowledge of the Tip Credit Welcome to the first installment of our four-part series focused on empowering servers and bartenders by exploring and unmasking the intricacies of tip credit violations. Navigating the complexities of wage laws can be challenging, particularly in the fast-paced world of the service industry. As a […]
Unmasking the Myths: Understanding the Contingency Fee in FLSA Cases with Herrmann Law

Understanding the Contingency Fee If you have you ever found yourself wondering whether you’re being adequately compensated for your work in the restaurant industry, then it is just as important that you find a lawyer who will take your case on a contingency fee. The Fair Labor Standards Act (FLSA) exists to protect employees from […]
Servers: What You Need to Know About FLSA Tip Credit Damages

Are you a server who has been denied your tips? The Fair Labor Standards Act (FLSA) requires employers to pay tipped employees at least the federal minimum wage, which is currently $7.25 per hour. However, employers are allowed to take a “tip credit” of up to $5.12 per hour, which means that they can pay […]
Know Your Rights as a Server: A Landmark Case on Tip Credit Violations and Its Impact on Restaurant Employees

Overview of a Landmark Tip Credit Violation Case At Herrmann Law, we represent employees in wage and hour cases, with a focus on servers in the restaurant industry who frequently face tip theft due to tip credit violations. In this blog post, we will discuss a pivotal case that underscores the rights of servers and […]