Tag Archives: lawsuit

News Tribune: El Gaucho Restaurant Agrees to pay $1.5 million to Settle Lawsuit

Today’s post comes from guest author Kit Case, from Causey Wright.

 

El Gaucho has agreed to pay $1.5 million to settle claims it improperly withheld wages and tips from employees working at some of its high-end restaurants, including the Tacoma location.

The proposed settlement is in response to a 2016 lawsuit originally brought against the company by a former server at the Tacoma restaurant, who alleged managers withheld tips and required off-the-clock work, among other labor-law violations.

About 400 current and former employees at the Tacoma, Bellevue and Seattle restaurants are affected and will be notified, according to the settlement, which was preliminarily approved by Pierce County Superior Court Judge G. Helen Whitener Nov. 17. Whitener will decide whether to finalize the settlement at a hearing April 20.

Chad Mackay, CEO of El Gaucho’s operating company, said in a statement Tuesday: “Our company consistently strives to be a great place for our employees to build their careers and we provide excellent compensation, benefits, training and work environment. Our decisions are always based on what is right for our team, our guests and our company. Therefore, we chose to settle this lawsuit rather than continue to spend company resources on legal fees.”

The former Tacoma server, Matthew Blasco, alleged El Gaucho gave employees cards with restaurant credit in lieu of payment for off-the-clock work, such as prep work or cleaning, and that servers were sometimes required to work without being clocked in.

His lawsuit also accused the company of giving management a percentage of the tips, and denying or not paying workers for breaks that are required by state law.

Read the rest of The News Tribune story here…

Photo by sniggie on Foter.com / CC BY-NC-SA

 
 
 
Read more here: http://www.thenewstribune.com/news/local/article186987933.html#storylink=cpy
Read more here: http://www.thenewstribune.com/news/local/article186987933.html#storylink=cpy

NFL Concussion Suits Barred by “Exclusive Remedy”? Why can’t I sue my employer?

Today’s post comes to us from Tom Domer from the Domer Law Firm.

We get calls every day from angry injured workers who want to sue their employer for negligence. It could be an employer removing a guard on a machine, a foreman ignoring a safety rule, or an injury caused by an employer’s failure to train an employee. Many employees are genuinely and bitterly disappointed when we explain a worker cannot sue his employer for negligence and that his only “exclusive” remedy is through worker’s compensation. In liability suits filed by hundreds of former pro football players who suffer from concussion-related injuries, the players claim the league negligently mislead them about the dangers of concussions. Attorneys for the injured players indicate it is likely the NFL will argue that football players should be covered exclusively by worker’s compensation.

The deal cut by employers and workers in Wisconsin in 1911 still stands: Employers give up the right to common law defenses (contributory and co-employee negligence, assumption of risk) for a fixed schedule of benefits; employees give up the right to sue their employer in tort (and to recover tort-like damages) in return for worker’s compensation benefits. No matter how nefarious the employer or how egregious the employer’s behavior (i.e., removing the guard to increase machine speed, etc.), the Exclusive Remedy provision applies.

However, claims against third parties (someone other than the employer) are still available to workers if the injury was caused by the negligence of someone other than the employer. In the NFL claims, for example, a helmet manufacturer Riddell is also a named party. Since Riddell was not an employer, that tort suit against the third party should be able to proceed despite the exclusive remedy of worker’s compensation. Most States, like Wisconsin, have a formula for paying back worker’s compensation if the employee succeeds in recovering against the third party.