Judge OKs class action vs. Applebee’s over server payJudge OKs class action vs. Applebee’s over server pay

KANSAS CITY Mo. A federal judge here has conditionally certified as a class action an Applebee’s International Inc. employee’s lawsuit that alleges the chain required tipped workers to spend more than 20 percent of their time on nontipped work that was not compensated at the full hourly minimum wage.

Plaintiff Gerald Fast, whose attorney Chip Gentry was quoted as estimating that the class eventually could include 60,000 co-plaintiffs, also alleged that Applebee’s required employees to show up for work before their shifts but didn’t pay them for the “Appletime.” The Appletime claim has been dropped, according to the Kansas City Business Journal.

Officials of Overland Park, Kan.-based Applebee’s could not be reached for comment Thursday. The suit seeks “fair and reasonable” compensation, legal costs and interest on allegedly unpaid wages.