Cracker Barrel Tip-Credit / Minimum Wage, and Off-the-Clock Case for Servers |
Federal lawsuit for unpaid wages and tip-credit violations; and mistreatment of minors
Update as of January 30, 2024
The judge re-affirmed the main points of her March 31, 2023 decision, discussed below. Tipped servers can still continue to bring claims against Cracker Barrel.
Update as of March 31, 2023
After nearly two years of fighting, the Court has finally granted "conditional certification" of the lawsuit against Cracker Barrel and has authorized notices be sent to ALL Cracker Barrel servers NATIONWIDE over the last three years (including currenly employed servers) who work on a tip-credit rate. This is a court-authorized decision, where a federal judge has agreed that there is evidence of several company-wide violations of the Fair Labor Standards Act relating to the compensation and work of servers paid on a tip-credit rate.
The full decision can be read here.
What this means is that any server who is currently working for Cracker Barrel, or who has worked for Cracker Barrel at any time in the past three years, and is paid on a tip-credit rate has the right to try to join this lawsuit. Cracker Barrel cannot retaliate against you for joining. Fill out the below survey immediately so that your potential claims can be further evaluated.
A federal lawsuit against Cracker Barrel Old Country Store has been filed for violating the Fair Labor Standards Act. Based on information already obtained, we believe Cracker Barrel is underpaying its servers based on the amount of side-work they perform and off-the-clock work. We currently have over 450 servers as part of this lawsuit and more are joining every week. (Click here to read the updated federal lawsuit, and click here to read more about the class action allegations.)
If we are successful, each server could potentially be entitled to hundreds or thousands of dollars in unpaid wages, though we cannot guarantee a result. For current employees, you may have the added benefit of getting Cracker Barrel to make changes as to how it treats its servers. Cracker Barrel cannot retaliate against you for answering this survey or otherwise raising wage-related claims. Fill out this confidential survey to see if you may be eligible to join.