Quincy siblings sue restaurant chain: Say Ruth’s Chris Steak House underpaid for non-tip producing work Boston's IT Experts Boston Business Directory Boston's fastest growing and most referred IT Featured Listings, Many Categories. First services provider Come, First Served! www.thrivenetworks.com www.SearchBoston.com 11/27/07 10:47 PM Join a Hot PR Firm Fast growing PR 2.0 company seeks top public relations talent. www.SHIFTcomm.com Select One: Tues., Nov. 27, 2007 LOCAL NEWS | BUSINESS | SPORTS | LIFE & LEISURE | OPINION SPECIAL REPORTS | DEATH NOTICES BUSINESS Full Forecast LATEST NEWS THE PATRIOT LEDGER THE ENTERPRISE WICKEDLOCAL.COM WICKED LOCAL TOWNS AP WORLD & NATIONAL NEWS LOCAL WEATHER LOCAL TV LISTINGS CLASSIFIEDS Announcements Automotive Employment Flea Markets Merchandise Real Estate Rentals Recreation Services Yard Sales RUN YOUR AD Business Non-Business MARKETPLACE Search MORTGAGE CENTER ONLINE DIRECTORIES Pamper Yourself Kids Directories Pet Directories In Time of Need DEATH NOTICES Patriot Ledger Enterprise Old Colony Memorial HOME DELIVERY Patriot Ledger Enterprise Local Town Newspapers LOCAL GUIDES Dining/Entertainment Golf Guide Business Profiles Home & Garden Business Directory PLYMOUTH GUIDE | The Market Quincy siblings sue restaurant chain: Say Ruth’s Chris Steak House underpaid for non-tip producing work Ads by Google Boston Boston Boston Boston By JON CHESTO The Patriot Ledger BOSTON - A sister and brother from Quincy are suing Ruth’s Chris Steak House Inc., claiming the national restaurant chain underpaid them for hours they worked when they weren’t serving customers and generating tips. Nikko Rose and Brandon Rose are seeking class-action status for a lawsuit they filed against the Heathrow, Fla.based chain on Nov. 19 in Boston federal court. Nikko Rose works at the Ruth’s Chris on School Street in Boston, and Brandon Rose worked there from October 2005 until this month. Dating Lawyer North Realtor A-Z Lists: NYSE - NASDAQ - AMEX Gainers Losers Most Activity Industry Groups Mutual Funds Indexes In the lawsuit and affidavits filed in court, the Roses allege that they were asked to come to work at least an hour before the Boston restaurant opened to do set-up work, such as setting tables, making coffee and lighting candles. They were also required to stay for at least a half an hour after the restaurant closed to do chores such as resetting tables, folding napkins and polishing glassware. During those times, the Roses claim they were paid the state’s service minimum wage of $2.63 an hour - well below the state’s minimum wage of $7.50 an hour. Federal law allows restaurant servers such as waitresses and bartenders to be paid below traditional minimum wages with the understanding that the bulk of their pay comes from customers’ tips. But a restaurant’s service workers may not spend more than 20 percent of their shifts doing activities that do not produce tips in order for the restaurant to take advantage of that exemption, said Shannon Liss-Riordan, a Boston lawyer who represents the Roses. ‘‘The employer is requiring employees ... to work a substantial number of duties that are non-tip producing,’’ Liss-Riordan said of Ruth’s Chris. ‘‘This is what Ruth’s Chris does. It’s their policy. It’s not just their Boston restaurant.’’ Liss-Riordan said it’s not unusual for restaurants to require servers to report early or stay late, and many employers may not be aware of the 20 percent threshold. SPECIAL SECTIONS http://ledger.southofboston.com/articles/2007/11/27/business/biz01.txt Click here to check out Wicked Local photos, forums, blogs, news Page 1 of 3 Quincy siblings sue restaurant chain: Say Ruth’s Chris Steak House underpaid for non-tip producing work SPECIAL SECTIONS Living Well/Health News Wedding/Bridal Education & Training Coupons 11/27/07 10:47 PM photos, forums, blogs, news and more... ONLINE PERSONALS SOUTHOFBOSTON.COM Archive Contact Us Work for Us Newspapers in Education Home Page SPECIAL REPORTS Crime in Our Schools FEATURED ADS ROCKLAND, MA Wicked Local Classifieds Read more... ROCKLAND, MA Wicked Local Classifieds Read more... WORLD NEWS Liss-Riordan said she plans to seek court permission to obtain a list of Ruth’s Chris employees nationwide to inform them about the lawsuit and their ability to participate in the suit. The chain has more than 100 restaurants, although the Boston eatery is its only one in Massachusetts. Lanette Jarvis, a spokeswoman for Ruth’s Chris, said the company is reviewing the lawsuit with its lawyers. The company does not typically comment on pending litigation, she said, but she added that Ruth’s Chris complies with all federal and state laws, including labor laws. Jon Chesto may be reached at jchesto@ledger.com . WAREHAM, MA Wicked Local Classifieds Copyright 2007 The Patriot Ledger Transmitted Tuesday, November 27, 2007 Read more... Youths riot for 3rd night outside Paris Chavez vows referendum 'cannot fail' IRAQ Mideast politics Hamas profile Iraq Shrine Myanmar's Endless War NATIONAL NEWS More than 100 rally at peace summit Man indicted in shooting of Fla. deputy Businessman plans to donate $70M to ORU Alaska's 'Papa Pilgrim' gets 14 years Astor's son accused of stealing from her SPORTS NASCAR 2006 NASCAR Drivers SPRING TRAINING HOCKEY PRO BASKETBALL The Patriot Ledger 400 Crown Colony Drive P.O. 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