Mara Siegel , January 11, 2022
The complaint alleges potential wage theft and improper tip-pooling at Dee Jay’s BBQ Ribs & Grille . Read more here.
This page contains pertinent information regarding the Dee Jay’s BBQ Ribs & Grille wage theft and improper tip-pooling complaint filed by Barkan Meizlish DeRose Cox, LLP and Brian G. Miller Co., L.P.A. Please check back regularly for updates.
Official Press Release:
COMPLAINT FILED AGAINST DEE JAY’S BBQ RIBS & GRILLE
WEIRTON, WV – Attorneys with Barkan Meizlish DeRose Cox, LLP and Brian G. Miller Co., L.P.A filed a federal collective class action Complaint against Mt. Nebo Foods, LLC d/b/a Dee Jay’s BBQ Ribs & Grille (“Mt. Nebo”) and Dewey J. Guida Enterprises, Inc. d/b/a Dee Jay’s BBQ Ribs and Grille (“Guida Ent.”). The restaurant franchise was purchased from Guida Ent. by Mt. Nebo in approximately October of 2021, maintaining its single location in Weirton, WV.
As stated in the Complaint, employees from this location—regardless of its owner—have experienced improper tip-pooling practices, leading to them receiving hourly pay rates less than the legal minimum wage.
Barkan Meizlish DeRose Cox, LLP and Brian G. Miller Co., L.P.A brought forward this suit on behalf of both current and former Dee Jay’s BBQ Ribs & Grille employees.
The Fair Labor Standards Act, 29 U.S.C. § 206(a) et seq. (“FLSA”) and the West Virginia Minimum Wage and Maximum Hours Law W.Va Code. §§ 21-5c-1, et seq,. (the West Virginia Payment and Collection Act), W.Va C.S.R. 42-5-1, et seq., and § 21-3-10A (West Virginia Wage Acts) set guidelines on proper overtime pay for qualifying employees. The laws require employees be paid at least $8.75 per West Virginia state law and $7.25 per Federal law. The complaint alleges that the store policy of tipping out 3% of each server’s tips to a pool that included employees who were not qualified to receive tips, leading to an hourly rate less than any allowed tipping exemption.
A copy of the Complaint can be found here: Complaint: Dee Jay’s BBQ Ribs & Grille
Do you believe you may be affected by these practices at Dee Jay’s BBQ Ribs & Grille? If so, send us an email here.
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Barkan Meizlish DeRose Cox, LLP
4200 Regent St., Suite 210
Columbus, OH 43219
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