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Famous Dave's Must Pay Overtime Save Email Print
Posted: 11:26 AM Nov 28, 2008
 Last Updated: 11:26 AM Nov 28, 2008
 Reporter: Associated Press
26 comments
A | A | A

A federal appeals court has upheld a decision ordering the owners of five Famous Dave's restaurants in the Omaha area to pay damages stemming from an overtime dispute.

The 8th U.S. Circuit Court of Appeals issued its ruling Friday against Barbeque Ventures, BBQ Ventures of Nebraska and Old Market Ventures LLC.

The restaurants' owners must pay roughly $90,000 in back pay and damages. Interest on the judgment could make the amount owed larger.

The U.S. Department of Labor says the company didn't pay overtime to employees who worked at more than one of the restaurants. The award of liquidated damages was the only issue on appeal.

Federal law requires employees be paid time and one-half per hour beyond 40 hours in a workweek.
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Posted by: Anonymous on Dec 1, 2008 at 03:28 PM
Exactly when did it become ok to treat those who serve you badly? I firmly believe that every person, no matter how much money they have, should have to work either food service or retail for a period of time. These are some of the lowest paid, hardest jobs there are, and yet many snobby people think it's ok to dump on us. I love working retail, because of the 90% of my customers who are appreciative. But the 10% of you who think the world should wait on you hand and foot, and think you can treat everyone like crap, please stay home, eat your own food and shop online. Thank you.
Posted by: Bill on Dec 1, 2008 at 03:21 PM
When did the responses to this article stray from business not paying overtime to tipping? The restaurants should be responsible for paying employees overtime if they work more than 40 hours. It is also my opinion that employers should pay their employees the federal minimum wage and no one tips. There was a time when tips were for good/great service, not to supplement a server’s salary. I never did understand what the difference in service, and thus the tip, between a $100 (@15%=$15) meal for one person and a $10 (@15% = $1.50) meal for one person. The service is the same but the tip is more. What is the logic in that?
Posted by: Dan on Dec 1, 2008 at 01:44 PM
Let's say you work 3 tables of 4 and make $4 dollars on every table every hour.That is $12 on top of $2.15 an hour.At 40 hours that would come out to be $480 a week before your $2.15 an hour. That is more than a PFC makes in Iraq. If you work only 20 hours a week that is $240. I would love to have made that when I was 25 years old. You servers need to quit whining. You could go out and get a ditch digging job for $9 an hour.
Posted by: Lori on Dec 1, 2008 at 01:37 PM
The POINT is, the employees were working more than 40 hours per week and not being paid overtime for it. That, folks, is federal labor law. Had I known this practice was going on, we would have stopped going to Famous Dave's a long time ago. And as far as tipping goes, my husband and I almost ALWAYS tip 20%. For exceptional service beyond the call of duty, we might tip more. Likewise, if we are treated rudely, or ignored, or we don't see the wait person after our food is slung to the tabletop, we'll tip less. In rare occasions, a LOT less.
Posted by: Well... on Dec 1, 2008 at 01:31 PM
The government taxes servers on 15% of their sales, and they expect that people tip at least that much...so they should or just not go out. 20% tips are what should be given for good service & most resturants don't send out food for a table until all of it is done so the entire tables food goes out at the same time & it is the kitchens fault if food goes out cold. I would imagine you wouldnt' want your server sticking their finger into your food to check. The kitchen sends out cold food, not the server.
Posted by: Omaha Jay on Dec 1, 2008 at 12:39 PM
I don't understand the tone of resentment from some of the wait staff posting here. Some people will always tip good, most will tip average, a few will always tip crappy. That is part of the job and the better you are at your job, overall the better the tips will be. Why would you risk a lawsuit against the company you work for by tampering with customer food, just because you didn't get a good tip? If you are really that disgruntled about it, go get a job that pays straight time. Oh? Don't want to do that? Gee, I wonder why? Probably because even with all those 'crappy tippers' you still make MUCH more than the state minimum wage. Most wait staff I know work less way less that 40 hrs a week, but with tips they make more than they could with a 40 hr straight time week. So I say stop complaining about crappy tips. I am tired of wait staff who giving crappy service, then expect a full tip. If you don't like your job, go elsewhere -- I sure do when it comes to poor service!
Posted by: Wow on Dec 1, 2008 at 12:22 PM
8.5%? I bet you get crappy service at the places you are a "regular". Servers know you tip like crap and serve you accordingly. If you can't afford another $1-2 just to get up to 10%- stay at home an eat. Leave the tables for someone who is willing to act like a considerate human being.
Posted by: Terri on Dec 1, 2008 at 09:51 AM
What ever happened to tipping based on how good the service is? I have been known to tip 30% if the staff was pleasant, attentive, made the experience enjoyable. I also bartended my way thru college - but I was one heck of a bartender, always had a good joke, remembered my regulars drinks, would light the cig if I was near -I pulled in quite the haul on tips - and I always shared with my bar backs.
Posted by: Anonymous on Dec 1, 2008 at 09:15 AM
Tipping is always a goot point. For me, if the service is above and beyond, then I do over 15%. It its average, then they get 15%, if I have to ask for things like water, napkins, and get slow service, then they only get 10%. Call me cheap if you want to, but the kitchen does not make "hot" food cold. A slow server causes that.
Posted by: Anonymous on Dec 1, 2008 at 09:11 AM
This occurred before these restaurants were sold to a different owner. That makes a bad deal for the new ownership.
Posted by: lm on Dec 1, 2008 at 09:04 AM
I have known far too many servers in my life who have nearly stood on their heads for people that they wait upon in order to get a $5 tip on a $80 tab. Tip 20% people...if that is too much, go to a cheaper resturant or better yet, go to a fast food resturant where you aren't expected to tip. Some of you people get into your BMW's and Land Cruisers and then complain about tipping what...an extra $8?!! Now if service is really bad I understand not tipping. But if the server does a good job then geez. Bill, Rats!, come on...just don't eat out. Your lously tips tell the servers that they did a bad job. If that isn't the case then try this. Tell the wait staff they will only get 8.5% from you no matter HOW good they do. Watch to see what kind of service you get.
Posted by: The Upstream on Dec 1, 2008 at 08:15 AM
Only pays its wait staff $2.15 per hour & if you don't tip 20% you shouldn't go out to eat. At the Upstream the wait staff has to tip out the bartender, hosts, food runners & the bussers so if you only tip 15% the wait staff is actually paying to wait on you because the gov expects that people tip at least 15% so that is what the servers are taxed on. If you need help figuring out 20% feel free to ask. Waiting tables gets many people through school & just because you are a student or need to make extra money doesn't mean you shouldn't be paid appropriately for your time.
Posted by: Trav on Dec 1, 2008 at 12:27 AM
Atta boy Brad. I think everyone should have to wait tables or work in a restraunt before EVER being let out to dinner. Bartending and waiting got me through college and we REMEMBERED the bad tippers the NEXT time they came in, special seasonings were sent their way! Keep tipping your 10% Bill.
Posted by: Brad on Nov 30, 2008 at 12:20 PM
BillJ- please eat at home. Waiters/Waitresses make an average of $ 3.60 an hour. How would you like to come work for me at $ 3.60 an hour Bill ? People like you should be banned from eating out- you are cheap and I sense a feeling of entitlement resonating from your post. 15% is standard in the industry- has been for decades. If you cannot afford it, eat dog food and you will really save some cash ! As someone who used to wait tables (got me thru college) and worked his butt off doing it, you, sir are a cheap, filthy pig.
Posted by: Charlie on Nov 30, 2008 at 07:37 AM
You people are harsh about tipping. My wife and I usually tip 20% minimum. Maybe that is because she used to be waitress and was only making $2.50 an hour. That's right these wait staff usually make much less than minimum wage because they are expected to get tips to make up for it. If they don't make minimum with tips then the employer makes up the difference so they make at least that. I would like to see you survive on minimum wage.
Posted by: BillJ on Nov 29, 2008 at 08:13 PM
Uh-15%? You'll get 10% and be happy about it...or you can refund my card the 10% Call me a tightwad, cheapskate, etc. it doesn't matter to me. You can be the best server in the industry and 10% is all you are worth to me.
Posted by: Charlie on Nov 29, 2008 at 06:01 PM
I agree with Rats! guess I won't be eating there any more, won't be able to afford it. As for Famous Dave's... Are you kidding me, everyone knows that if someone works more than 40 hours a week and isn't in a salaried position that they get 1.5 their normal pay.
Posted by: carol on Nov 29, 2008 at 04:38 PM
To rats! If you worked more than 40 hours in a week wouldn't you expect to be paid for it? Well, so do they and they should be.
Posted by: TC on Nov 29, 2008 at 12:51 PM
I used to work there. Good job!! If your expected to work more that 40 hours a week, you should get paid for it. and rats! not everybody tips, so no it isn't enough. They should have done this from the start!!!
Posted by: Me on Nov 29, 2008 at 12:21 PM
I wouldn't care who's paying the bill. The fact remains if a person works over 40hrs in a week (sun-sun) the employer MUST pay time and a half. I work for a company who doesn't pay over time either. Until someone like this brings suit against them and it will happen.
Posted by: Jeff on Nov 29, 2008 at 09:23 AM
Ummm you are a serious tightwad! Your gratuity should be 15%. Wait staff employees are usually doing a good job and worthy of a standard tip at the very least.
Posted by: Ethan on Nov 29, 2008 at 07:03 AM
Too bad the owners won't have to spend any time in jail. They deserve it.
Posted by: DJ on Nov 29, 2008 at 01:34 AM
8.5% gratuity? Then no, it isn't.
Posted by: brad on Nov 28, 2008 at 09:58 PM
8.5% ? Cheapskate!
Posted by: Charlie on Nov 28, 2008 at 05:50 PM
I agree with Rats! guess I won't be eating there any more, won't be able to afford it. As for Famous Dave's... Are you kidding me, everyone knows that if someone works more than 40 hours a week and isn't in a salaried position that they get 1.5 their normal pay.
Posted by: rats! on Nov 28, 2008 at 04:41 PM
Be realistic.... Dave isn't paying this, the customers will with higher prices. Isn't my 8.5% gratuity enough
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