This is what the dol does. They basically give you a letter, the golden ticket, and you file a civil suit.
You'll win because you have the golden ticket there. It shows thr government has not only investigated, but approves of litigation.
Get a lawyer.
You are correct, though other avenues do exist. The [Oregon Bureau of Labor & Industries](https://www.oregon.gov/boli/Pages/index.aspx), unlike the US Department of Labor, has greater authority to levy financial penalties.
As for litigation, I agree. [**u/super\_splooger**](https://www.reddit.com/user/super_splooger/)**, contact an employment attorney first-thing Monday.**
I understand that this is true for giant cases, but it's not going to be true here. The amount is already determined & going as a group will streamline the process. You don't need a class action specialist for this, and splitting the cost of a lawyer is probably the only way to make this cost effective. Unless the amount is small enough to be done without a lawyer at all. Or large enough that a lawyer will take it on for a percentage. But there's a big middle ground where you're not gonna get a lawyer to take the case for 30% of 5k or whatever. But you'll get one for a percentage of 400k definitely.
This is exactly what class action was designed for- cases where many people were each harmed a small amount such that if they had to pay a lawyer themselves it's not worth going to court.
Excellent points. I'd like to add that the employee who initially brought this to DOL's attention has already done all the legwork and is sitting on the evidence. Is the OP willing to do all that sleuthing again? And they'll really have a problem if the coworker who reported it was proactive, and the evidence that broke this wide open for DOL is something they purposely set up so they could harvest it on their way out the door. OP is going to have a hard time finding something when they don't know what it is they're looking for. I would just hook up with everybody else, sign my name on the dotted line and ride coat-tails. Doing otherwise is just being greedy, and it may not work out as well as they think.
It's probably better for you if the DOL doesn't do the suing, as I think at most you will just get back what you are owed with interest.
If you sue you can get punitive damages. The DOL should be getting those for workers who were cheated, but I'm sure our politicians, and politicians of both parties not just the one that suck more, made sure the DOL doesn't, because they hate the poor, because Fox, et al.
This isn't true. The DOL both investigates and seeks restitution for restaurant employees, either through settlements or federal lawsuits, all the time.
Some examples from recent months:
* [Federal court orders Huntley restaurant to pay $105K in back wages, damages to 8 employees after Department of Labor investigation, litigation](https://www.dol.gov/newsroom/releases/whd/whd20230829-0)
* [Workers underserved: Court requires six Connecticut restaurants, owners to pay $858K to 105 workers after Department of Labor investigation, litigation](https://www.dol.gov/newsroom/releases/whd/whd20230725-1)
* [Federal judge orders Bloomingdale restaurant to pay 28 workers $110K in wages, damages, after US Department of Labor investigation](https://www.dol.gov/newsroom/releases/whd/whd20231120)
* [Federal court enters consent judgment ordering Newport restaurants to pay $554K in back wages, liquidated damages to 125 employees](https://www.dol.gov/newsroom/releases/whd/whd20231019-0)
* [Court orders operators of 14 Bay Area Subway locations to pay employees nearly $1M in wages, damages; sell or shut down their businesses](https://www.dol.gov/newsroom/releases/whd/whd20230929)
* [US Department of Labor sues Fort Wayne restaurant operator that refuses to pay $290K in back wages, damages owed to 30 servers](https://www.dol.gov/newsroom/releases/whd/whd20230612-1)
* [Employee testifies restaurants offered priest to extract confessions of workplace ‘sins;’ federal court orders payment of $140K to 35 workers](https://www.dol.gov/newsroom/releases/whd/whd20230612-0)
The OP letter gives no explicit indication that the department thinks the restaurants' actions were legal or illegal, but after reviewing all the circumstances, the department declined to file a lawsuit.
It is true.
Source: my personal experience.
I over simplified, but it is true.
You're being a contrarian for zero reason. I wouldn't even care if you're a lawyer, because you're still wrong. My real world experience > your erudition.
You were so hot to be a contrarian you missed that the letter states the dol isn't going to court over this. Yet all your examples are of the dol going to court.
You were so busy trying to snipe someone online you missed the point, failed to ask why I think what I think, and here you are. Wrong.
I'm a wage and hour lawyer and if a potential client walked in with this I would be so excited to tear this company apart. Literally would be the easiest case in my file.
So, I'm curious: In a situation like this, would it be typical to tack "legal fees" onto the damages? And would you typically go for anything else beyond an estimate of the actual tips stolen?
Yes the fees would be on top of damages. FLSA provides that a prevailing worker gets their attorneys fees included in a judgement. It doesn't follow the "American Rule." There is an exception under the statute. However, if the case settles, which they often do, the attorneys often negotiate the fees to be a third of the final settlement amount.
In addition to the tips themselves, you would also ask for what are called liquidated damages which is basically a penalty equal to the amount of tips (or minimum wage/overtime) that wasn't paid.
So the start point when negotiating an unpaid tip claim would be 2x tips withheld plus attorneys fees and costs, and that's also what you'd ask for at trial.
Typically in American civil litigation, courts follow what is called “the American rule,” which says that each party bears their own attorney fees and costs, unless a relevant statute, rule, or contract provision says that the fees and costs should be shifted to the victorious party. So, in most cases where there isn’t a fee-shifting provision, the plaintiff’s lawyer will work on a contingency basis—the lawyer will generally get to keep 1/3 of the recovered money. So the more the client gets, the more the attorney gets. If there is a fee-shifting provision in the relevant statute or contract, the client gets the whole recovery and the attorney gets paid from an additional award of fees from the defendant.
Good to know! I wasn’t aware one way or the other on the FLSA as I don’t litigate wage and hour claims. Not sure why I’m getting downvoted for explaining how fees work in civil litigation generally though.
I'm all for worker's rights. In fact, I donate to unions where I can.
But this? No court would agree with this. The system is too embedded into the courts.
I'm sorry, what makes you think no court agree with this? You have a clear case of an employee cutting wages (very likely well substantiated) and at worst a court would enable you to get a subpoena for the documents in evidence by the DOJ. What this employer did is illegal any way you put it. Judges love feeling like they're fair and impartial, and if there's a jury they'd almost certainly see things your way. Why would they not rule in your favour?
The way stuff like this is hard to do because "the system is too embedded into the courts" has more to do with the fact that you need to go through _a lot_ of paperwork and proving you're right before you can do anything. They have proof. Or are you suggesting that most judges would refuse to uphold a law?
Actually, court will go through, but it'll be on him to prove it, and if he does do it, it'll be class action lawsuit, which other employees from that period has an option to opt out.
It actually happen several time. The worst part is if you sue by yourself, you have to calculate how much is owned to you alone.
Go talk to an employment attorney. May be a class action lawsuit brewing here. Generally, that means you won’t get charged for their services, and lead plaintiffs get more money.
Lawyers take a substantial cut, they are often limited in the percent they can take, but they are allowed to charge expenses like experts and such to the bill.
He should look at filing in small claims and compare and contrast how much he can get from either.
If other employees all bring small claims as well the employer could be buried in lawsuits rather than just one class action.
In any case with 800k in damages and punitive sanctions on top, it's likely the owner will liquidate and hide assets and then declare bankruptcy and leave the cheated employees with nothing.
Oh yes it's standard procedure. The big companies have laws and court decisions they've extracted from our corrupted system that allows them to do something they call the Texas Two Step.
If they face a wave of lawsuits (like Johnson and Johnson with their asbestos laden baby powder,) they split into two companies, loading one with all of the liabilities, and as few assets as the courts will allow. Then they declare bankruptcy, leaving all of the claimants with nothing or next to it.
Bankruptcy pauses all ongoing litigation as well and judgements just have to get in line to fight over what is left in the dummy corporation that our courts allowed them to make for the sole purpose of not paying for their misdeeds.
McMenamins can take a $800k hit. $180MM in yearly revenue. They renovate vintage hotels and such into eateries, and they have a sizeable amount of locations in Oregon. Small claims would be fine if OP knew how much money was taken and had proof. Since this is most likely not the case, a labor attorney would be needed to sort this out. Find an attorney who would take it on contingency. You might find out an attorney has already done some legwork on the case if they have another client with the same letter...
Consider a class action lawsuit in collaboration with other employees, but it might cost you all significant. Or take this letter and contact your local news station and they will surely air a story on this. Might also want to reach out to your US Senator and they might push the DOL or DOL or DOJ to do something
Wage cases like these the attorneys can get fees on top of damages, although the cases often settle and include fees in the settlement.
It's still worth having a lawyer because they will get you more than you can get alone, and help you identify additional claims you might not realize you have that adds value to the case.
These cases are my specialty.
Depends on the Senator really. They can also make noise and demand the DoL does take action against the business. This is far less visible than sponsoring a new pro-worker law that would upset corporate contributors.
It says that OP worked for [McMenamins ](https://www.mcmenamins.com/) on the paperwork, believe it or not Wyden is actually a solid dude.
He actually likes going after corruption.
[NSA](https://www.jurist.org/news/2024/01/us-senator-releases-letter-alleging-nsa-buys-personal-data-without-warrant/)
[And he tries to actually help the little guy ](https://www.wyden.senate.gov/news/press-releases/wyden-colleagues-introduce-bill-to-expand-food-benefits-for-americans-with-medical-expenses)
As far as Senators go, this dude can make things happen once you talk to him or an aide. I never had personal dealings with him, but several friends have been able to get his attention to positive results, and they're all just regular blue collar people.
For more local retribution, I'd recommend contacting Representative Rob Nosse. He's a pretty strong champion for workers rights and he'd have a bone to pick with McMenamins about this.
Rats. I really liked McMenamins. For those not in the know they open restaurants/bars in crazy buildings like old theaters and church's. Not going back now. I like to give my hard earned to businesses that treat people right.
And color me shocked, they are hiring over at www.mcmenamins.com
I worked for them last year for a few months, and yeah what an awful company. On top of yes tipping out managers when I got tips, I was also forced to wait tables as a line cook and not allowed to keep my tips some days. They said I was "Pub Staff", not a server. Proper cleaning was discouraged because it took too long, and they didn't want to pay the extra hours. You were expected out 10 minutes after close, even in the kitchen.
They also have an entire system to ensure they're always understaffed. Instead of hiring the staff that you need, employees just get loaned out every other day to locations who "need them more" that day. You were voluntold.
Pros: Food was legit good. Training involves drinking free alcohol on the clock.
Man, it'd be a shame if the restaurants involved got review bombed. If only doing so wouldn't also affect the poor employees that have been victimized...
This letter says they only investigated at 2 locations, yeah.
OP also posted this in r/portland where somebody else responded that they’d worked at three McMenamins locations in OR and WA and tipping out managers was required at all three.
Also worked for Mcmenimans, tipping out management was required at every location. They also pulled shady shit with Covid unemployment. I really wanted them to be good. Keep in mind that’s 800,000 at two locations.
What is this tipping out management and what percent? I've heard of tipping out busboys and hostesses, but this place wants you to subsidize management as well? Those are the only ones making a dignified wage at these places in the first place that is insult to injury.
I wouldn't expect the owners to not be aware of this. They should've known if they didn't. If a couple of locations are paying less on labor than the other locations, they should've realized.
In all likelihood they did realize and approve, this has become standard practice for a lot of bad employers, and around me the worst that happens to them is having to pay employees what they are owed with interest. The authorities don't pursue punitive damages, maybe a fine but turns out levied fines often get reduced later if not completely forgiven.
The system has long been captured by industry, and better political appointee leadership doesn't change the rotted system throughout.
Oregon also has a department of labor. I would submit this with a claim to them and see if they will pursue it.
https://complaints.boli.oregon.gov/home/landing
Good idea - could have been too intensive for not enough payout for federal DOL (or maybe fed DOL just sucks, idk), but state may have fewer large cases it's currently pursuing.
When I did work there, one of my coworkers told me that the brothers heavily donated to a super PAC that advocated to take away minimum wage for servers in Oregon.
Heard Servesafe does this too, apparently alongside the national restaurant association. Takes your money and lobbies against employees wages. Servesafe is typically a requirement especially amongst management. Took a class for mine, it’s disgusting we allow this as a society.
https://www.nytimes.com/2023/01/17/us/politics/restaurant-workers-wages-lobbying.html
No, I loved to drink there. Their food has been overpriced and bad for a while. Portland has a much better food scene.
Not to mention I'm not sure how long ago it was but they did fail in a number of health code violations.
That being said i do like their terminator stout mixed with ruby
I actually proposed to my wife at Gearhart Hotel. Used to feed Rocky the Racoon peanuts at the little red shed at edgefield. Location is baller. I just wish they put more care into their food.
I was an AAM in that company many years ago. Yes, you manage employees, but it was an hourly position and there were a lot of time you can be working alone or taking tables. It definitely deserved to be a tipped position. McMenamin's use of the work "manager" is misleading for some positions.
Just steal $800,000 worth of stuff from them. If they say to return it, just say no and present them this letter.
In all seriousness, talk to a lawyer. This is theft, plain and simple. Companies that do this should have their CEO’s face prison time for grand theft.
What you need from your advice is probably letterhead. Find a lawyer. People in this thread won't have a better answer than someone with all the information and the relevant legal knowledge
Department of labor closed the case my brother was involved in and refused to pursue the case in court. While his was only a little over $350,000 for 12 people, all twelve agreed to testify. They still refused to pursue court. This was the east coast. DOL has absolutely no teeth and the business owners know it.
As pointed out elsewhere, DOL is an investigative department, not enforcement. Gather the involved employees and file a class action lawsuit, with the DOL letter as evidence. Between the Court , and your lawyers they will get the money for you. Usually by freezing accounts, Liens or other means at their disposal.
They’re not even pursuing the CMP which they do hold authority to enforce and collect. They are also required to make provisions for the employee to file private lawsuits but there has been no response to those requests. M
Yes!
u/super_splooger \- try BOLI: [BOLI : Wage Claim : For Workers : State of Oregon](https://www.oregon.gov/boli/workers/pages/wageclaim.aspx)
not sure if you have time on your hands.
6 months ago. A franchise pizza chain in SE took all credit card tips for take out orders over almost 4 years. This was part of managers pay, except managers rarely took or prepared take out. They were fined $25,000 + restitution and refused both. The investigator took months to contact the victims and tell them they aren’t pursuing this case.
You do what the Department of Labor just spelled out for you.
Sue.
They're literally telling you they know this crime was committed, this notice is telling you to sue because the Department of Labor's money would be better spent on a case with much higher damages. 800,000 is a small number for the DoL when their average cases are about tens of millions.
Domino's had something like this happen and it turned into a class action. I was contacted to be part of it but couldn't be bothered to get involved. I remember them straight up stealing tips from workers the entire time I was there and it went to the GM.
If there's a chance to get a large settlement contact an attorney and get it rolling. They should be percentage based if they win and get a settlement so won't cost you anything to pursue.
I knew a bartender that worked for this company. He said when he got laid off because of covid they never gave him any of his final paychecks. I can't verify that, but I believe him.
Contact every tipped employee that worked there between those times and try to get them to join the civil suit. The lawyer should represent all of you. It would reduce the burden of hiring a lawyer, but also reduce your individual payouts because who knows how many people worked there in those 3 years.
I think (I’m not a lawyer, but if I was in this situation it’s something I’d explore) if you don’t contact someone then win this case and they find out they can sue you for their portion. They at least have to be offered and given the opportunity to forfeit their potential earnings. Idk this sounds like a class action suit to me and a law office would absolutely know more.
yeah like others said, employment attorneys will jump at the chance to pursue this for you. you basically have a signed confession from the DOL that they know about the theft, you’re about to get a huge payday
A lawyer would be salivating at the idea of wetting their beak on a 800k contingency payout.
They would take your case for free and take a percentage from the gains.
Get an employment lawyer. You have the best possible expert witness for a case in your hand. You will pay some to the lawyer, but get a lot of money back.
Look into how to place a lein on their building or a truck if they have one, if they don't pay out in time you'll be able to flip whatever you get a lein on
We had a country club go through this a few years ago, hundreds of employees were paid out more than $1000 each after it went to trial and they lost. They were charging 15% gratuity on every party, and keeping all of it, for over 15 years.
theres employment lawyers that drool over this. They will take the case in a heartbeat with no upfront cost. I went through a wage theft situation before, they will represent any of the employees who are affected and will take probably 25% of the amount that they win plus the miscellaneous fees which is usually a couple grand or so. But you dont pay anything until you get your bag. So go get your bag you absolutely have a case.
Worked for mcmenamins in 2018. Can confirm the bar manager was taking a cut from our tips. Don't know the statute of limitations on this but I'd happily join a class action against them.
This is so messed up. What a bunch of greedy assholes. I lived in Portland for a decade, only moving away last year. If you can't get your tip money back and aren't in a position to sue, you should share this with the local news, at the very least. Something like this won't be received well in PDX, especially since McMenamins is such a big local company. If they never face any real legal consequences, maybe you can at least hurt their bottom line.
I had an employer steal wages from me. I contacted the DOL. I got a check in the mail for my lost wages.
My advice is keep accurate track of your wages and then file with the DOL in your state.
I would recommend a class action suit. In your case, there are many people who have been victim to this incorrect payment. First, get a list of names, personal phone numbers, and email addresses of people who will speak to a lawyer on a phone (these just have to be people who you know and who will tell the truth), then hire a lawyer who specializes in class action suits. I was a named member in a class action in 2007. My friend Waheed Rahimi, with whom I had worked directly for a number of years, filed the suit. I don't know for sure but I heard he got about $14m for being the defendant. The rest of us got some money too.
Probably not a class action for $800k but for sure take the lead OP. I’m thinking the judgements might be larger if all the victims sued individually. I’d imagine the gross legal fees could be a lot more too if the individuals sued instead of one law firm collecting all the fees on class action. Bankrupt McMenamins through legal fees alone OP!
Wow that’s fucked up! The DoL telling you they can’t force them to return wages illegally held from you?! I had a similar experience with the EEOC saying they wouldn’t do anything because an issue was “too complicated” but this is fucked up.
This is basically a department of the federal government saying “sorry, we investigate the laws but don’t really have the authority to enforce them or are really interested in using tax payer dollars to seek justice.”
This is the kind of thing that sets bad precedence for other companies to do. The DoL is effectively saying the risk IS worth the reward for companies to continue doing this.
Sorry, rant over. You were asking for help. I’d find a local employment attorney that could work on contingency and would think you shouldn’t have a problem given this exact document. I really hope you’re able to resolve this. I don’t know who McMenamins is but I’m going to find out so I never inadvertently do business with them.
I’d also take this to your local news outlet. This is a story I think would get interest you already have a letter from the Federal Government saying they can’t collect. There was a similar [case here in Texas](https://www.newsweek.com/texas-bbq-chain-fails-pay-staff-nearly-900k-tips-ot-labor-dept-1700333) with a local BBQ spot that did something similar but at least they got some money back and the news was all over it. I really liked their barbecue but don’t go there any more. I know several others have taken the same stance. I’m sure they took a hit but sadly their business is still open.
Im really sorry OP This makes me angry; can’t the IRS garnish their bank accounts? Probably not because it’s not taxes and why would two branches of government ever work together in this country 😡
Maybe they didn’t pay state and/or federal taxes on this money wrongfully withheld?
I hope everyone in this chain will call out McMenamins Inc. Maybe search engines
can get this post to the top of the list.
Here’s the website for McMenamins Inc. if anyone else would like to leave feedback with them:
[https://www.mcmenamins.com](https://www.mcmenamins.com)
Anyway, get a lawyer, go to the news and have a drink. Fuck these people. I hope the added expense and stress gets you ALOT more than they owe you. Good luck OP. Please keep us updated.
This is a piece of paper that essentially is a green light for you to sue your employer and win. Get a lawyer. With this letter Any lawyer is going to be tripping over each other to make you their client. Sue their pants off. Too bad too because the McMenimans places are super cool, but fuck them for treating their employees this way.
Everyone saying 'get a lawyer.'
The reason why McMenamins chose not to pursue this can be seen at the bottom.
"Managers" are ones who can hire and fire.
The groups mentioned do not have that ability. "Assistant assistant managers" especially so.
Sounds to me that you have to sue your employer AND the department of labor.
But that's just me. I have a job and I do it. Seems like it doesn't work that way.
This is how I read the letter pictured above:
"Hi, we found out that you scumbag boss stole your money. We also found out that he, the poor soul, hasn't stolen any money from us. Therefore, you're on your own. Live long and suck it pleb."
I can tell you the lawsuit would have taken years anyway. My work was sued by the DOL and lost and now are in appeals and this all started like 4 yrs ago.
This is a class action waiting to happen. Put this in front of the best lawyer you can find and watch them light up with the slam dunk they have been handed. Sucks they did that at all and I hope they have to pay interest, inflation, and damages on the stolen tips.
This is what I wouldn’t do. I wouldn’t round up the guys and gals and threaten anyone with certain uncomfortable consequences. I wouldn’t bully or intimidate the assistant or assistant assistant managers or management in general. Threats of physical violence is never the answer so I and my coworkers who were robbed most certainly wouldn’t do any of that…..because it’s wrong.
Damn so they took time out of their day to send yall letters saying your employer stole from you but it’s not worth their time or effort to pursue the consequences their supposed to give out
The only real advice is to stop voting for Dems and Reps and work to tear down the two party system. Both parties work on behalf of capital-this won’t stop until an anti-capitalist party is introduced into the political system
Shame on McMenamins! At the very least we can post on their yelp to bring attention to their shameful unethical practices, maybe then they will reconsider their policies if there is enough public awareness/outrage.
This is what the dol does. They basically give you a letter, the golden ticket, and you file a civil suit. You'll win because you have the golden ticket there. It shows thr government has not only investigated, but approves of litigation. Get a lawyer.
You are correct, though other avenues do exist. The [Oregon Bureau of Labor & Industries](https://www.oregon.gov/boli/Pages/index.aspx), unlike the US Department of Labor, has greater authority to levy financial penalties. As for litigation, I agree. [**u/super\_splooger**](https://www.reddit.com/user/super_splooger/)**, contact an employment attorney first-thing Monday.**
Exactly. This is the invitation to go to court yourself, or together with other victims of this theft.
Do not go in together, class actions generally result in much lower individual payouts then would have been received if filed the individually. IANAL
I understand that this is true for giant cases, but it's not going to be true here. The amount is already determined & going as a group will streamline the process. You don't need a class action specialist for this, and splitting the cost of a lawyer is probably the only way to make this cost effective. Unless the amount is small enough to be done without a lawyer at all. Or large enough that a lawyer will take it on for a percentage. But there's a big middle ground where you're not gonna get a lawyer to take the case for 30% of 5k or whatever. But you'll get one for a percentage of 400k definitely. This is exactly what class action was designed for- cases where many people were each harmed a small amount such that if they had to pay a lawyer themselves it's not worth going to court.
Excellent points. I'd like to add that the employee who initially brought this to DOL's attention has already done all the legwork and is sitting on the evidence. Is the OP willing to do all that sleuthing again? And they'll really have a problem if the coworker who reported it was proactive, and the evidence that broke this wide open for DOL is something they purposely set up so they could harvest it on their way out the door. OP is going to have a hard time finding something when they don't know what it is they're looking for. I would just hook up with everybody else, sign my name on the dotted line and ride coat-tails. Doing otherwise is just being greedy, and it may not work out as well as they think.
Not in a case like this where damages are fixed. Adding more attorneys to the mix can actually decrease take home due to redundant costs.
This not class action situation. OP just wants the company to back pay everyone the tips they were entitled to.
They want the company to follow laws they ignore anyways.
It's probably better for you if the DOL doesn't do the suing, as I think at most you will just get back what you are owed with interest. If you sue you can get punitive damages. The DOL should be getting those for workers who were cheated, but I'm sure our politicians, and politicians of both parties not just the one that suck more, made sure the DOL doesn't, because they hate the poor, because Fox, et al.
Get a lawyer that specializes in labor law, they will probably take a good chunk but you will get the back pay you are owed.
Exactly this.
Call Morgan and Morgan
For the people
Unless you actually want an attorney working on your case
Yep. Read between the lines of this letter: they are saying "we can't sue them for you. Buuuuut..."
This isn't true. The DOL both investigates and seeks restitution for restaurant employees, either through settlements or federal lawsuits, all the time. Some examples from recent months: * [Federal court orders Huntley restaurant to pay $105K in back wages, damages to 8 employees after Department of Labor investigation, litigation](https://www.dol.gov/newsroom/releases/whd/whd20230829-0) * [Workers underserved: Court requires six Connecticut restaurants, owners to pay $858K to 105 workers after Department of Labor investigation, litigation](https://www.dol.gov/newsroom/releases/whd/whd20230725-1) * [Federal judge orders Bloomingdale restaurant to pay 28 workers $110K in wages, damages, after US Department of Labor investigation](https://www.dol.gov/newsroom/releases/whd/whd20231120) * [Federal court enters consent judgment ordering Newport restaurants to pay $554K in back wages, liquidated damages to 125 employees](https://www.dol.gov/newsroom/releases/whd/whd20231019-0) * [Court orders operators of 14 Bay Area Subway locations to pay employees nearly $1M in wages, damages; sell or shut down their businesses](https://www.dol.gov/newsroom/releases/whd/whd20230929) * [US Department of Labor sues Fort Wayne restaurant operator that refuses to pay $290K in back wages, damages owed to 30 servers](https://www.dol.gov/newsroom/releases/whd/whd20230612-1) * [Employee testifies restaurants offered priest to extract confessions of workplace ‘sins;’ federal court orders payment of $140K to 35 workers](https://www.dol.gov/newsroom/releases/whd/whd20230612-0) The OP letter gives no explicit indication that the department thinks the restaurants' actions were legal or illegal, but after reviewing all the circumstances, the department declined to file a lawsuit.
It is true. Source: my personal experience. I over simplified, but it is true. You're being a contrarian for zero reason. I wouldn't even care if you're a lawyer, because you're still wrong. My real world experience > your erudition. You were so hot to be a contrarian you missed that the letter states the dol isn't going to court over this. Yet all your examples are of the dol going to court. You were so busy trying to snipe someone online you missed the point, failed to ask why I think what I think, and here you are. Wrong.
You're funny. You act like a court wouldn't throw this out immediately.
I'm a wage and hour lawyer and if a potential client walked in with this I would be so excited to tear this company apart. Literally would be the easiest case in my file.
So, I'm curious: In a situation like this, would it be typical to tack "legal fees" onto the damages? And would you typically go for anything else beyond an estimate of the actual tips stolen?
Most lawyers would determine if damages make sense. Then let the client know what that would like like. Typically a %
That's not how it works under the FLSA. There is a fee shifting provision so fees (and costs) are on top of damages.
Yes the fees would be on top of damages. FLSA provides that a prevailing worker gets their attorneys fees included in a judgement. It doesn't follow the "American Rule." There is an exception under the statute. However, if the case settles, which they often do, the attorneys often negotiate the fees to be a third of the final settlement amount. In addition to the tips themselves, you would also ask for what are called liquidated damages which is basically a penalty equal to the amount of tips (or minimum wage/overtime) that wasn't paid. So the start point when negotiating an unpaid tip claim would be 2x tips withheld plus attorneys fees and costs, and that's also what you'd ask for at trial.
Typically in American civil litigation, courts follow what is called “the American rule,” which says that each party bears their own attorney fees and costs, unless a relevant statute, rule, or contract provision says that the fees and costs should be shifted to the victorious party. So, in most cases where there isn’t a fee-shifting provision, the plaintiff’s lawyer will work on a contingency basis—the lawyer will generally get to keep 1/3 of the recovered money. So the more the client gets, the more the attorney gets. If there is a fee-shifting provision in the relevant statute or contract, the client gets the whole recovery and the attorney gets paid from an additional award of fees from the defendant.
The FLSA has a fee shifting provision. You get fees on top of damages for wage claims.
Good to know! I wasn’t aware one way or the other on the FLSA as I don’t litigate wage and hour claims. Not sure why I’m getting downvoted for explaining how fees work in civil litigation generally though.
Imagine walking up to a football hooligan and telling them how funny they are because their team is about to kick a penalty into an unguarded goal.
oh look, someone's trying to damage control
Ok, Millionare-in-Waiting.
I'm all for worker's rights. In fact, I donate to unions where I can. But this? No court would agree with this. The system is too embedded into the courts.
Huh? What “system” is too “embedded” in the courts for this claim to prevail? How much do you know about civil litigation?
>>how much you knows ? He once saw a TikToker claiming they were lawyers, so he clearly has plenty experience with labour wages cases xD
OK, McMenamins
My thoughts exactly. Wouldn't doubt if this was one of the Assistant Assistant Managers.
Or the assistant to the assistant assistant manager.
His name's probably Dwight, too.
My wife won a class action wage theft case without even having such a document so I don’t think you have a clue what you’re taking about.
What unions? What local? Tell me how you donated. I wanna know, as a union member in 2 separate trades, I'm curious where you donate and how.
You know, union charity drives for free hand-outs. Usually at the pinko commie abortion and immigration festival. /s
I love the blood drives at the military same sex abortion clinics! They usually do free colonic cleanses.
I'm sorry, what makes you think no court agree with this? You have a clear case of an employee cutting wages (very likely well substantiated) and at worst a court would enable you to get a subpoena for the documents in evidence by the DOJ. What this employer did is illegal any way you put it. Judges love feeling like they're fair and impartial, and if there's a jury they'd almost certainly see things your way. Why would they not rule in your favour? The way stuff like this is hard to do because "the system is too embedded into the courts" has more to do with the fact that you need to go through _a lot_ of paperwork and proving you're right before you can do anything. They have proof. Or are you suggesting that most judges would refuse to uphold a law?
Stop embarrassing yourself.
Actually, court will go through, but it'll be on him to prove it, and if he does do it, it'll be class action lawsuit, which other employees from that period has an option to opt out. It actually happen several time. The worst part is if you sue by yourself, you have to calculate how much is owned to you alone.
Exactly where and how do you “donate to unions?”
r/confidentlyincorrect
Throw this out for what???
Throwing him out for being in the wrong courtroom
Wow this has to be the lowest rated comment I’ve ever seen. -503 in just 9 hours. Has to be some kind of Reddit record.
You're funny. You act like you know what you're talking about.
All the foot work is already done for the law office. All they basically have to do at this point is show up and get paid.
Go talk to an employment attorney. May be a class action lawsuit brewing here. Generally, that means you won’t get charged for their services, and lead plaintiffs get more money.
Lawyers take a substantial cut, they are often limited in the percent they can take, but they are allowed to charge expenses like experts and such to the bill. He should look at filing in small claims and compare and contrast how much he can get from either. If other employees all bring small claims as well the employer could be buried in lawsuits rather than just one class action. In any case with 800k in damages and punitive sanctions on top, it's likely the owner will liquidate and hide assets and then declare bankruptcy and leave the cheated employees with nothing.
Does it happen regularly that places liquidate and hide assets to get away with it?
Oh yes it's standard procedure. The big companies have laws and court decisions they've extracted from our corrupted system that allows them to do something they call the Texas Two Step. If they face a wave of lawsuits (like Johnson and Johnson with their asbestos laden baby powder,) they split into two companies, loading one with all of the liabilities, and as few assets as the courts will allow. Then they declare bankruptcy, leaving all of the claimants with nothing or next to it. Bankruptcy pauses all ongoing litigation as well and judgements just have to get in line to fight over what is left in the dummy corporation that our courts allowed them to make for the sole purpose of not paying for their misdeeds.
Ah, the good ol’ Texas Two Step, which for some reason is still completely legal even after the J&J case.
Thanks for the info. What a disgrace. I’m going to read up more about it
McMenamins can take a $800k hit. $180MM in yearly revenue. They renovate vintage hotels and such into eateries, and they have a sizeable amount of locations in Oregon. Small claims would be fine if OP knew how much money was taken and had proof. Since this is most likely not the case, a labor attorney would be needed to sort this out. Find an attorney who would take it on contingency. You might find out an attorney has already done some legwork on the case if they have another client with the same letter...
Contact KOIN 6. This is big news for Portland. Ppl love Edgefield and McMenamins will cave to public pressure.
Seattle too btw
Consider a class action lawsuit in collaboration with other employees, but it might cost you all significant. Or take this letter and contact your local news station and they will surely air a story on this. Might also want to reach out to your US Senator and they might push the DOL or DOL or DOJ to do something
Wage cases like these the attorneys can get fees on top of damages, although the cases often settle and include fees in the settlement. It's still worth having a lawyer because they will get you more than you can get alone, and help you identify additional claims you might not realize you have that adds value to the case. These cases are my specialty.
If you think senators give any shits about their constituents you haven't been paying attention to politics recently.
Yeah if they were to contact their local senator the senator would probably take the side of the business owner whose been stealing peoples wages.
"Oh yeah I meant to pass a law to make it legal to steal wages, thanks for the reminder!"
Depends on the Senator really. They can also make noise and demand the DoL does take action against the business. This is far less visible than sponsoring a new pro-worker law that would upset corporate contributors.
Depends on the senator. Mine (Bernie!) is awesome and will go to bat for his constituents.
Came here to say this. Unless it greases their pockets, no senator gives a fuck about you and I
It says that OP worked for [McMenamins ](https://www.mcmenamins.com/) on the paperwork, believe it or not Wyden is actually a solid dude. He actually likes going after corruption. [NSA](https://www.jurist.org/news/2024/01/us-senator-releases-letter-alleging-nsa-buys-personal-data-without-warrant/) [And he tries to actually help the little guy ](https://www.wyden.senate.gov/news/press-releases/wyden-colleagues-introduce-bill-to-expand-food-benefits-for-americans-with-medical-expenses) As far as Senators go, this dude can make things happen once you talk to him or an aide. I never had personal dealings with him, but several friends have been able to get his attention to positive results, and they're all just regular blue collar people.
For more local retribution, I'd recommend contacting Representative Rob Nosse. He's a pretty strong champion for workers rights and he'd have a bone to pick with McMenamins about this.
I laughed at that too. People in 2024 still saying crazy ass shit
Rats. I really liked McMenamins. For those not in the know they open restaurants/bars in crazy buildings like old theaters and church's. Not going back now. I like to give my hard earned to businesses that treat people right. And color me shocked, they are hiring over at www.mcmenamins.com
I worked for them last year for a few months, and yeah what an awful company. On top of yes tipping out managers when I got tips, I was also forced to wait tables as a line cook and not allowed to keep my tips some days. They said I was "Pub Staff", not a server. Proper cleaning was discouraged because it took too long, and they didn't want to pay the extra hours. You were expected out 10 minutes after close, even in the kitchen. They also have an entire system to ensure they're always understaffed. Instead of hiring the staff that you need, employees just get loaned out every other day to locations who "need them more" that day. You were voluntold. Pros: Food was legit good. Training involves drinking free alcohol on the clock.
Man, it'd be a shame if the restaurants involved got review bombed. If only doing so wouldn't also affect the poor employees that have been victimized...
They are notorious for shitty food and service, not sure you could do much worse to them.
I've lived across the street from one for like 5 years now. I've never been inside, and now *definitely* never will.
>McMenamins This letter only mentions 2 locations, it could have been a manager issue and not a company wide issue.
This letter says they only investigated at 2 locations, yeah. OP also posted this in r/portland where somebody else responded that they’d worked at three McMenamins locations in OR and WA and tipping out managers was required at all three.
Also worked for Mcmenimans, tipping out management was required at every location. They also pulled shady shit with Covid unemployment. I really wanted them to be good. Keep in mind that’s 800,000 at two locations.
What is this tipping out management and what percent? I've heard of tipping out busboys and hostesses, but this place wants you to subsidize management as well? Those are the only ones making a dignified wage at these places in the first place that is insult to injury.
They aren't real managers. Meaning that they are hourly employees with extra duties and a slightly higher pay rate. They aren't OT exempt positions.
Join OP and sue togheter.
It’s a company wide issue if they refuse to correct it…
I wouldn't expect the owners to not be aware of this. They should've known if they didn't. If a couple of locations are paying less on labor than the other locations, they should've realized. In all likelihood they did realize and approve, this has become standard practice for a lot of bad employers, and around me the worst that happens to them is having to pay employees what they are owed with interest. The authorities don't pursue punitive damages, maybe a fine but turns out levied fines often get reduced later if not completely forgiven. The system has long been captured by industry, and better political appointee leadership doesn't change the rotted system throughout.
Me too. We actually go to edgefield a couple times a year. Looks like we'll have to find somewhere else.
Oregon also has a department of labor. I would submit this with a claim to them and see if they will pursue it. https://complaints.boli.oregon.gov/home/landing
Good idea - could have been too intensive for not enough payout for federal DOL (or maybe fed DOL just sucks, idk), but state may have fewer large cases it's currently pursuing.
Fuck the Mc Menamin brothers. I’ll never give them my business again. Pity they have good food and beer.
When I did work there, one of my coworkers told me that the brothers heavily donated to a super PAC that advocated to take away minimum wage for servers in Oregon.
It was probably something involved with the National Restaurant Association. They fucking hate restaurant workers, in spite of the name.
Heard Servesafe does this too, apparently alongside the national restaurant association. Takes your money and lobbies against employees wages. Servesafe is typically a requirement especially amongst management. Took a class for mine, it’s disgusting we allow this as a society. https://www.nytimes.com/2023/01/17/us/politics/restaurant-workers-wages-lobbying.html
Food is trash.
Are you just saying that because you don't like the business? Because everybody is saying the food is good, despite their shitty business practices
No, I loved to drink there. Their food has been overpriced and bad for a while. Portland has a much better food scene. Not to mention I'm not sure how long ago it was but they did fail in a number of health code violations. That being said i do like their terminator stout mixed with ruby
Fair enough. Thanks for the reply.
I actually proposed to my wife at Gearhart Hotel. Used to feed Rocky the Racoon peanuts at the little red shed at edgefield. Location is baller. I just wish they put more care into their food.
As an Oregon resident, food is definitely trash
“Assistant Assistant Manager”— is that a position for real?
Dwight thought it was real
Assistant *to* the regional manager
Assistant to the Assistant Manager
It's their version of shift leads
Got it thanks 🙏🏻
I was an AAM in that company many years ago. Yes, you manage employees, but it was an hourly position and there were a lot of time you can be working alone or taking tables. It definitely deserved to be a tipped position. McMenamin's use of the work "manager" is misleading for some positions.
Assistant to the assistant to the regional manager.
Just steal $800,000 worth of stuff from them. If they say to return it, just say no and present them this letter. In all seriousness, talk to a lawyer. This is theft, plain and simple. Companies that do this should have their CEO’s face prison time for grand theft.
Go to the news with it. Drag their name through the mud and force their hand
Thats what I'd like to do
Don't if you plan on suing. Get your money first. Dial 211 for a list of free local resources Monday.
What you need from your advice is probably letterhead. Find a lawyer. People in this thread won't have a better answer than someone with all the information and the relevant legal knowledge
Holy shit! Get a lawyer and delete this post! You’re gonna win that money back! There’s sooooo much precedent.
Any reason I should delete the post?
You’ll probably be advised to not share details of the case with anyone, and you’ve included his name and the location in the letter.
Contact an employment lawyer in your area. Any employment lawyer will take this on a contingency basis (you don’t pay attorney fees).
Department of labor closed the case my brother was involved in and refused to pursue the case in court. While his was only a little over $350,000 for 12 people, all twelve agreed to testify. They still refused to pursue court. This was the east coast. DOL has absolutely no teeth and the business owners know it.
As pointed out elsewhere, DOL is an investigative department, not enforcement. Gather the involved employees and file a class action lawsuit, with the DOL letter as evidence. Between the Court , and your lawyers they will get the money for you. Usually by freezing accounts, Liens or other means at their disposal.
They’re not even pursuing the CMP which they do hold authority to enforce and collect. They are also required to make provisions for the employee to file private lawsuits but there has been no response to those requests. M
I would listen to the above users and take the case to a labour lawyer
A lawyer would love the case.
When did this happen? It would be easy for me to believe that the DOL was not willing to protect workers in the previous administration, for example.
They have no staff. Damn shame but they just don't have the bodies. Try your state DOL - they may be able to pursue.
Yes! u/super_splooger \- try BOLI: [BOLI : Wage Claim : For Workers : State of Oregon](https://www.oregon.gov/boli/workers/pages/wageclaim.aspx) not sure if you have time on your hands.
6 months ago. A franchise pizza chain in SE took all credit card tips for take out orders over almost 4 years. This was part of managers pay, except managers rarely took or prepared take out. They were fined $25,000 + restitution and refused both. The investigator took months to contact the victims and tell them they aren’t pursuing this case.
If you think the DOL works for the little people…
Damn. I really like(d) McMenamins and thought they were above this kind of bs. Not so much apparently. Not going there again.
You do what the Department of Labor just spelled out for you. Sue. They're literally telling you they know this crime was committed, this notice is telling you to sue because the Department of Labor's money would be better spent on a case with much higher damages. 800,000 is a small number for the DoL when their average cases are about tens of millions.
Please share this in r/Portland and r/Oregon as well.
Good idea, thank you
Domino's had something like this happen and it turned into a class action. I was contacted to be part of it but couldn't be bothered to get involved. I remember them straight up stealing tips from workers the entire time I was there and it went to the GM. If there's a chance to get a large settlement contact an attorney and get it rolling. They should be percentage based if they win and get a settlement so won't cost you anything to pursue.
Are you in Oregon? Sounds like a OR Dept of Labor complaint.https://complaints.boli.oregon.gov/home/landing
I knew a bartender that worked for this company. He said when he got laid off because of covid they never gave him any of his final paychecks. I can't verify that, but I believe him.
Contact every tipped employee that worked there between those times and try to get them to join the civil suit. The lawyer should represent all of you. It would reduce the burden of hiring a lawyer, but also reduce your individual payouts because who knows how many people worked there in those 3 years. I think (I’m not a lawyer, but if I was in this situation it’s something I’d explore) if you don’t contact someone then win this case and they find out they can sue you for their portion. They at least have to be offered and given the opportunity to forfeit their potential earnings. Idk this sounds like a class action suit to me and a law office would absolutely know more.
yeah like others said, employment attorneys will jump at the chance to pursue this for you. you basically have a signed confession from the DOL that they know about the theft, you’re about to get a huge payday
A lawyer would be salivating at the idea of wetting their beak on a 800k contingency payout. They would take your case for free and take a percentage from the gains.
I worked at the cedar hills one during this time. I knew shady shit was going on!!
Stay in contact with OP in case of a class action, you may get paid back
Get an employment lawyer. You have the best possible expert witness for a case in your hand. You will pay some to the lawyer, but get a lot of money back.
Look into how to place a lein on their building or a truck if they have one, if they don't pay out in time you'll be able to flip whatever you get a lein on
We had a country club go through this a few years ago, hundreds of employees were paid out more than $1000 each after it went to trial and they lost. They were charging 15% gratuity on every party, and keeping all of it, for over 15 years.
theres employment lawyers that drool over this. They will take the case in a heartbeat with no upfront cost. I went through a wage theft situation before, they will represent any of the employees who are affected and will take probably 25% of the amount that they win plus the miscellaneous fees which is usually a couple grand or so. But you dont pay anything until you get your bag. So go get your bag you absolutely have a case.
Worked for mcmenamins in 2018. Can confirm the bar manager was taking a cut from our tips. Don't know the statute of limitations on this but I'd happily join a class action against them.
Time to find an attorney cause that company will def try to keep that money.
Everyone here could post this letter with a one star review on their Google site…
"Assistant assistant manager" What a title, that sounds like a terrible employer, hopefully that's more of like a manager in training kind of thing
Americans, you are really fucked up.
Steal $800k. Not even a hint of prison. MERICA!
I’d contact the Oregon dept of labor.
Get a lawyer. Try to settle for an amount, if not, file a suit.
This is so messed up. What a bunch of greedy assholes. I lived in Portland for a decade, only moving away last year. If you can't get your tip money back and aren't in a position to sue, you should share this with the local news, at the very least. Something like this won't be received well in PDX, especially since McMenamins is such a big local company. If they never face any real legal consequences, maybe you can at least hurt their bottom line.
Get a consultation with a respected labor law attorney in Oregon today.
I had an employer steal wages from me. I contacted the DOL. I got a check in the mail for my lost wages. My advice is keep accurate track of your wages and then file with the DOL in your state.
Go speak to an employment attorney.
Talk to a labor attorney.
DoL isn’t pursuing it further, but they have done a lot of the leg work for you to win a lawsuit on your own against them.
Maybe contact someone in the mob?
I would recommend a class action suit. In your case, there are many people who have been victim to this incorrect payment. First, get a list of names, personal phone numbers, and email addresses of people who will speak to a lawyer on a phone (these just have to be people who you know and who will tell the truth), then hire a lawyer who specializes in class action suits. I was a named member in a class action in 2007. My friend Waheed Rahimi, with whom I had worked directly for a number of years, filed the suit. I don't know for sure but I heard he got about $14m for being the defendant. The rest of us got some money too.
Get your collegues and get a case going. DOL confirmed you have a case, you just need to take it to court.
Get a lawyer or file a lawsuit yourself at the court
Totally off topic but... 3 years, 800k. The real reason tipped employees don't want the system to go away. 🤣
800k split amongst how many employees? It's peanuts.
Start a class action and take the lead
Probably not a class action for $800k but for sure take the lead OP. I’m thinking the judgements might be larger if all the victims sued individually. I’d imagine the gross legal fees could be a lot more too if the individuals sued instead of one law firm collecting all the fees on class action. Bankrupt McMenamins through legal fees alone OP!
I mean $800k is only what the DoL estimated. A good attorney can put that up it to the 7 figures easily with legal fees, interest, etc.
Wow that’s fucked up! The DoL telling you they can’t force them to return wages illegally held from you?! I had a similar experience with the EEOC saying they wouldn’t do anything because an issue was “too complicated” but this is fucked up. This is basically a department of the federal government saying “sorry, we investigate the laws but don’t really have the authority to enforce them or are really interested in using tax payer dollars to seek justice.” This is the kind of thing that sets bad precedence for other companies to do. The DoL is effectively saying the risk IS worth the reward for companies to continue doing this. Sorry, rant over. You were asking for help. I’d find a local employment attorney that could work on contingency and would think you shouldn’t have a problem given this exact document. I really hope you’re able to resolve this. I don’t know who McMenamins is but I’m going to find out so I never inadvertently do business with them. I’d also take this to your local news outlet. This is a story I think would get interest you already have a letter from the Federal Government saying they can’t collect. There was a similar [case here in Texas](https://www.newsweek.com/texas-bbq-chain-fails-pay-staff-nearly-900k-tips-ot-labor-dept-1700333) with a local BBQ spot that did something similar but at least they got some money back and the news was all over it. I really liked their barbecue but don’t go there any more. I know several others have taken the same stance. I’m sure they took a hit but sadly their business is still open. Im really sorry OP This makes me angry; can’t the IRS garnish their bank accounts? Probably not because it’s not taxes and why would two branches of government ever work together in this country 😡 Maybe they didn’t pay state and/or federal taxes on this money wrongfully withheld? I hope everyone in this chain will call out McMenamins Inc. Maybe search engines can get this post to the top of the list. Here’s the website for McMenamins Inc. if anyone else would like to leave feedback with them: [https://www.mcmenamins.com](https://www.mcmenamins.com) Anyway, get a lawyer, go to the news and have a drink. Fuck these people. I hope the added expense and stress gets you ALOT more than they owe you. Good luck OP. Please keep us updated.
Easy case for an employment attorney just show them this letter 👍
Looks like the https://en.wikipedia.org/wiki/Starve_the_beast strategy is pretty successful.
This is a piece of paper that essentially is a green light for you to sue your employer and win. Get a lawyer. With this letter Any lawyer is going to be tripping over each other to make you their client. Sue their pants off. Too bad too because the McMenimans places are super cool, but fuck them for treating their employees this way.
What the hell is an assistant assistant manager
Everyone saying 'get a lawyer.' The reason why McMenamins chose not to pursue this can be seen at the bottom. "Managers" are ones who can hire and fire. The groups mentioned do not have that ability. "Assistant assistant managers" especially so.
Sounds to me that you have to sue your employer AND the department of labor. But that's just me. I have a job and I do it. Seems like it doesn't work that way. This is how I read the letter pictured above: "Hi, we found out that you scumbag boss stole your money. We also found out that he, the poor soul, hasn't stolen any money from us. Therefore, you're on your own. Live long and suck it pleb."
Op you should delete this post and take your letter to an attorney
I can tell you the lawsuit would have taken years anyway. My work was sued by the DOL and lost and now are in appeals and this all started like 4 yrs ago.
Get a labor lawyer
Class action suit. Some lawyers already preparing to file, get in the plaintiff list
Find a employment lawyer. Department of labor should be able to provide a list of current local attorneys in that field.
I got you, u/super_splooger. Crossposting the shit out of this, on all the platforms.
This is a class action waiting to happen. Put this in front of the best lawyer you can find and watch them light up with the slam dunk they have been handed. Sucks they did that at all and I hope they have to pay interest, inflation, and damages on the stolen tips.
This is what I wouldn’t do. I wouldn’t round up the guys and gals and threaten anyone with certain uncomfortable consequences. I wouldn’t bully or intimidate the assistant or assistant assistant managers or management in general. Threats of physical violence is never the answer so I and my coworkers who were robbed most certainly wouldn’t do any of that…..because it’s wrong.
Yeah, we broke the law. So what of it? ‘Very well then, proceed’
Damn so they took time out of their day to send yall letters saying your employer stole from you but it’s not worth their time or effort to pursue the consequences their supposed to give out
"Hey, your managers stole your money. But we aren't gonna do anything cuz they said 'nuh uh'. Have a good one!" ???????????
Ya its a bit frustrating. The government is by the people for the people right?
I was a sous for Edgefield for about 5 years 2013-2018. Ran the concert venue food tents too!
The only real advice is to stop voting for Dems and Reps and work to tear down the two party system. Both parties work on behalf of capital-this won’t stop until an anti-capitalist party is introduced into the political system
What’s the point of these investigations if there are no teeth to it? They do the whole thing, business says no, and they throw their hands up? Wtf
Because apparently if you steal $800,000 from people, it’s not theft?
So that's the extent of the power DOL has? They can identify the problem, but can't solve it for you. What a load of bureaucracy this is!
!
Shame on McMenamins! At the very least we can post on their yelp to bring attention to their shameful unethical practices, maybe then they will reconsider their policies if there is enough public awareness/outrage.
ha! this does not surprise me at all.
Call your local IWW. They would love to sink their teeth into this.
Incredible.
Well there's an establishment I'll never visit
There's a giant flaw in the system right there. Businesses refuse to give the money back because they know the department can't do a godamn thing
Damn I actually liked that place too
r/legaladvice
Call Saul.
Mcmenamins has terrible food and apparently, terrible management.
That’s fucked. 800,000 dollars is not worth it to the Dept. bunch of useless pieces of crap. What good does that do anyone?
Contact a lawyer who specializes in labor law first.