Two Waiters' Complain

From June 3, 2010, through March 2, 2018, wait staff working at the Babson Executive Conference Center in Wellesley, Massachusetts claimed to have not received their full share of  tips and service fees collected on banquet and function invoices. Their case started out much like all wage cases -- they complained to their employer about not being paid their full tips and wanted more transparency in the tip and service fee distribution process so that they could evaluate if they were being paid in full for their hard work.

The Class Action Case is Filed

After repeatedly trying to work out the problem themselves, two experienced waiters contacted Attorney Carlin Phillips for help.  Attorney Phillips had worked for many years as a waiter before and during law school and understood exactly what the two waiters were going through.  Phillips & Garcia filed a class action with the two waiters as the "class representatives." 

The Settlement

The case settled on a class action basis for $715,000.  The total recovery represented more than 100% of the estimated recoverable damages. 

The average payment to employed class members was $9,848The highest settlement check to a class member was for $36,581.   The total recovery represented more than 100% of the estimated reasonably recoverable damages.

Attorney Phillips Goes Above and Beyond the Call of Duty Even After a Settlement Was Reached

The settlement did not require class members to take any action to receive their checks. Checks were to be sent by mail with no claims process.  The office had skip traces conducted on all old addresses.  

One class member was entitled to a substantial check but all of his addresses were no longer good as he had moved so many times.  Attorney Phillips and his paralegal conducted a Facebook and Instagram search for the class member. When Attorney Phillips sent the class member a DM indicating that he had a big check for him, the class member thought it was a joke. When the class member came to the office to pick up the check, he said it was a "game-changer" as he really needed a financial boost at that point in his life.

Unclaimed Wages are Donated to Two Worthwhile Charities

As with almost all class action lawsuits, some class members couldn’t be found even after exhaustive searches. The unclaimed settlement funds were donated to Justice at Work, a non-profit that educates and assists workers in wage disputes, and the Greater Boston Food Bank. 

The two waiters did the right thing after not getting the tips and service fees they earned: They contacted Phillips Garcia, P.C., and as a result, 1,188 wait staff were eligible for financial recoveries, the tips and service fees for current and future wait staff were protected and two worthwhile charities benefited from the recovery.

If you haven’t been paid the tips or service fees you deserve, we encourage you to contact our office today to talk about about how we can help you get paid in full for your hard work.  Reach out using the contact box at the bottom of this page or via 508.998.0800 to discuss your situation and your options.