[jjwoodhull]

I was a server at a restaurant in New Jersey for approximately 6 months. During that time, the restaurant operated as a pool house. Included in the tip pool were servers, runners, bussers, bartenders, dishwashers and managers.

I have also worked in restaurants in NY and Conn, where labor laws clearly state that salaried and management level employees may not receive any portion of server tips. It is my understanding that NJ law does not address the subject in any way.

Former employees of this NJ restaurant are preparing to file a lawsuit to recoup tip money paid to management and have asked me to join the lawsuit. I know of many similar lawsuits in NYC that have ended in favor of the employees, but I am not aware of any cases in NJ.

So my questions...

1. Do the employees have a legitimate case considering that NJ law does not address the issue?

2. By working there of my own free will, can it be argued that I understood and agreed to the terms and conditions of the job?

3. Does anyone know of any similar cases in NJ, if so, what were the results?

4. If the employees lose the case, can the owners countersue for damages?

I am conflicted about weather or not I should join the lawsuit. On one hand, I do not want to contribute to the glut of unfounded lawsuits in the country. On the other hand, my gut tells me that they used my money to pay their managers, allowing them to make greater profits. I realize that law is not black and white, but I would appreciate anyone's input on both the legal and the moral issues involved.

[excon]

Included in the tip pool were servers, runners, bussers, bartenders, dishwashers and managers... .I am conflicted about weather or not I should join the lawsuit. On one hand, I do not want to contribute to the glut of unfounded lawsuits in the country.

Hello jj:

Tips are NOT for management. This lawsuit is NOT unfounded and I'd join.

No, I don't know if you'd win, but you should.

excon

[jjwoodhull]

Thanks for the advice, Ex. That is the direction I am leaning.