Three former Chili's employees sued Brinker International, seeking to strike down New York's lower minimum wage for tipped workers and alleging it enables discrimination and harassment. They say they plan to expand the case to a nationwide class; New York's tipped minimum wage is $10.70 or $11.35 an hour.
Three former Chili's employees filed a proposed class action against Brinker International in federal court in Brooklyn, arguing that New York's lower minimum wage for tipped workers allows the company to rely on tips and exposes workers to unlawful discrimination. The lawsuit alleges that this pay structure can force employees to tolerate sexual harassment and customers' potential racial bias.
New York's minimum wage is $16 an hour, or $17 in and around New York City, while food service workers who earn tips may be paid $10.70 or $11.35 an hour. The plaintiffs, former workers at a Chili's in Queens, say they faced sexual advances and inappropriate comments and that management did not adequately protect them. They also challenge Chili's use of customer ratings to determine schedules, shifts and table assignments.
The plaintiffs' lawyers said they plan to expand the case to include a nationwide class of Chili's workers. Brinker operates more than 1,200 Chili's restaurants in the United States, including 36 in New York, and owns Maggiano's Little Italy.
