34.  The crux of the FLSA, PA State Laws, and New Hampshire State Laws is, inter  alia, that all employees are entitled to be paid mandated minimum wages for all hours worked.   35.  Contrary to these basic protections, Plaintiff and the members of the Classes were  deprived of the mandated minimum wage for all hours they worked.   37.  As set forth above, Plaintiff was employed by Defendants as a “server” in both  their Montgomery Mall location in Pennsylvania and at their Concord location in New  Hampshire.   38.  In each location, Plaintiff was paid an hourly cash wage rate from Defendants and  earned tips from customers who chose to leave him a gratuity.   39.  In Pennsylvania, Defendants paid Plaintiff and hourly wage rate of $2.83.   40.  While employed in New Hampshire, Defendants paid Plaintiff and hourly wage  rate of $3.26.   41.  In Pennsylvania, Plaintiff typically worked 5 shifts per week, working on average  30 hours or more per week.  His typical shift lasted around 6 hours, starting at 4 and ending at 10.   42.  In New Hampshire, Plaintiff typically worked 5 shifts per week, working on  average 30 hours or more per week.  His typical shift lasted around 6 hours, starting at 4 and  ending at 10.   43.  At each location Plaintiff worked he was paid his straight hourly rate of either  $2.83 (if working in Pennsylvania) or $3.26 (if working in New Hampshire), irrespective of the  number of hours worked or the amount of tips received.   44.  Upon information and belief, all “T.G.I. Friday’s” locations are/were operated by  Defendants under uniform policies applicable to the members of the Classes.  The Tip Credit Provision & Requirements   46.  Under applicable law, in certain circumstances, it is permissible for an employer to  take a tip credit and pay its employees less than the mandated minimum wage, provided that the  employee’s tips received from customers plus the tip credit wage paid by the employer equals at  least the applicable minimum wage.1   47.  According to the Department of Labor’s (“DOL”) Fact Sheet #15: Tipped  Employees Under the Fair Labor Standards Act (FLSA) (“Fact Sheet #15”):  the maximum tip credit that an employer can currently claim under  the FLSA is $5.12 per hour (the minimum wage of $7.25 minus the  minimum required cash wage of $2.13).   48.  Pennsylvania mandates a higher minimum cash wage, requiring employers to pay  at least $2.83 per hour.  Thus, under Pennsylvania law, the maximum tip credit is $4.42 per hour.   49.  New Hampshire requires an even higher minimum cash wage, mandating that  employers pay their tip earning employees “not less than 45 percent of the applicable minimum  wage.”  See 23 R.S.A. § 279:21.   50.  As is made plain in Fact Sheet #15, in order to claim a tip credit, the employer  must notify its employees of its intention to take the tip credit and must also inform its employees  that all tips received by the employee are to be retained by the employee (except for those tips  that are part of a valid tip pooling arrangement).   52.  An employer bears the burden of showing that it has satisfied the notification  requirement of informing its employees that tips are being credited against the employee’s hourly  wage.2  If an employer cannot demonstrate its compliance with this notification requirement, no  credit can be taken and the employer is liable for the full minimum wage.   53.  Further, where a tipped employee earns less in tips than the tip credit claimed, the  employer is required to make up the difference.  Stated another way, if a tipped employee earns  less than $4.42 per hour in tips (the maximum tip credit permissible where the employer pays the  employee $2.83 per hour), the employer must raise that tipped employee’s hourly cash component  the necessary amount above $2.83 per hour so as to ensure that the employee earns at least $7.25  per hour – the mandated minimum wage.  Defendants’ Failure to Notify Tipped Employees   54.  As explained above, the DOL has very specific requirements regarding what an  employer must notify his/her employee of if that employer intends to claim a tip credit.   55.  Rather than comply with the notification requirements set forth in Fact Sheet #15,  Defendants chose to simply pay its Tipped Employees between $2.83 and $3.26 per hour.  In  short, Defendants failed to inform its Tipped Employees of (i) their intention to take the tip credit,  and (ii) the amount Defendants intended to claim as a tip credit.   57.  Indeed, Plaintiff does not ever recall being notified by Defendants that they  intended to take a “tip credit,” nor how much that amount would be.  Evincing the magnitude of  Defendants’ abject failure to notify Tipped Employees of their intention to take a tip credit, until  recently, Plaintiff never heard the term “tip credit.”   58.  Defendants also failed to comply with 43 P.S. § 231.34, insofar as they failed to  notify employees in writing whenever the tip credit claimed by Defendants changed.  Rather,  Defendants took the maximum tip credit permissible irrespective of whether its Tipped Employee  actually earned sufficient tips to substantiate the tip credit claimed.   59.  Finally, Defendants also violated Section 279:26-b of the NHMWL insofar as they  mandated that Tipped Employees, including Plaintiff, participate in a tip pooling/tip sharing  arrangement.  As New Hampshire wage law makes clear, “[t]ips are wages and shall be the  property of the employee receiving the tip and shall be retained by the employee, unless the  employee voluntarily and without coercion from his or her employer agrees to participate in a tip  pooling or tip sharing arrangement.”  23 R.S.A. 279:26-b (emphasis added).   60.  Because Plaintiff did not voluntarily participate in a tip pool/tip sharing  arrangement, but rather was instructed to as part of Defendants’ employment practices,  Defendants’ illegally required Plaintiff to surrender a portion of his tips.   61.  Consequently, Plaintiff and other Tipped Employees in New Hampshire were paid  less than the applicable minimum wage.  63.  The claims under the FLSA may be pursued by those who opt-in to this case  pursuant to 29 U.S.C. § 216(b).  The claims brought pursuant to the PA State Laws and NH State  Laws may be pursued by all similarly-situated persons who do not opt-out of the PA Class or NH  Class pursuant to Rule 23.   64.  Upon information and belief, the members of each of the Classes are so numerous  that joinder of all members is impracticable.  While the exact number of the members of these  Classes is unknown to Plaintiff at this time, and can only be ascertained through appropriate  discovery, Plaintiff believes there are over 30 individuals in each of the Classes.   65.  Defendants have acted or have refused to act on grounds generally applicable to  the Classes, thereby making final injunctive relief or corresponding declaratory relief with respect  to the Classes as a whole, appropriate.   66.  The claims of Plaintiff are typical of the claims of the Classes he seeks to  represent.  Plaintiff and the members of the Classes work or have worked for Defendants and  were subject to the same compensation policies and practices.   68.  Plaintiff will fairly and adequately protect the interests of the Classes as his  interests are aligned with those of the members of the Classes.  Plaintiff has no interests adverse  to the Classes he seeks to represent, and has retained competent and experienced counsel.   69.  The class action/collective action mechanism is superior to other available  methods for a fair and efficient adjudication of the controversy.  The damages suffered by  individual members of the Classes may be relatively small when compared to the expense and  burden of litigation, making it virtually impossible for members of the Classes to individually  seek redress for the wrongs done to them.   70.  Plaintiff and the Classes he seeks to represent have suffered and will continue to  suffer irreparable damage from the illegal policy, practice and custom regarding Defendants’ pay  practices.   71.  Defendants have violated and, continue to violate, the FLSA.  The foregoing  conduct, as alleged, constitutes a willful violation of the FLSA within the meaning of 29 U.S.C. §  255(a) and willful violation of the PMWA and NHMWL.  72.  Plaintiff, on behalf of himself and the FLSA Collective Class, re-alleges and  incorporate by reference the paragraphs above as if they were set forth again herein.   73.  At all relevant times, Defendants have had gross revenues in excess of  $500,000.00.   75.  At all relevant times, Defendants have employed, and/or continue to employ,  Plaintiff and each of the FLSA Collective Class Members within the meaning of the FLSA.   76.  Pursuant to Defendants’ compensation policies, rather than pay Tipped Employees  the federally-mandated minimum wage, Defendants took a tip credit and paid Tipped Employees  only the tip-credit wage.   77.  Defendants have violated and, continue to violate, the FLSA.  The foregoing  conduct, as alleged, constitutes a willful violation of the FLSA within the meaning of 29 U.S.C. §  255(a).   78.  Due to Defendants’ FLSA violations, Plaintiff, on behalf of himself and the  members of the FLSA Collective Class, are entitled to recover from the Defendants,  compensation for unpaid wages; an additional equal amount as liquidated damages; and  reasonable attorneys’ fees and costs and disbursements of this action, pursuant to 29 U.S.C. §  216(b).  79.  Plaintiff, on behalf of himself and the members of the PA Class, re-alleges and  incorporate by reference the paragraphs above as if they were set forth again herein.   80.  At all relevant times, Defendants have employed, and/or continue to employ,  Plaintiff and each of the PA Class Members within the meaning of the PMWA.   82.  Pursuant to Defendants’ compensation policies, rather than pay Tipped Employees  the required minimum wage in Pennsylvania, Defendants took a tip credit and paid Tipped  Employees only the tip-credit wage.   83.  At relevant times in the period encompassed by this Complaint, Defendants had a  willful policy and practice of failing to satisfy the notification requirements in order for  Defendants to claim the tip credit.   84.  As a result of Defendants’ willful practices, Defendants were not entitled to claim  the tip credit and pay Plaintiff and the members of the PA Class less than the Pennsylvania  minimum wage for all hours worked.   85.  Defendants have violated and, continue to violate, the PMWA.   86.  Due to the Defendants’ violations, Plaintiff, on behalf of himself and the members  of the PA Class, are entitled to recover from Defendants the amount of unpaid minimum wages,  attorneys’ fees and costs.  87.  Plaintiff, on behalf of himself and the members of the NH Class, re-alleges and  incorporate by reference the paragraphs above as if they were set forth again herein.   88.  At all relevant times, Defendants have employed, and/or continue to employ,  Plaintiff and each of the NH Class Members within the meaning of the NHMWL.   89.  Pursuant to Defendants’ compensation policies, rather than pay Tipped Employees  the New Hampshire mandated minimum wage, Defendants improperly took a tip credit and paid  Tipped Employees at a rate well below the New Hampshire minimum wage.   91.  At relevant times in the period encompassed by this Complaint, Defendants had a  willful policy and practice of failing to satisfy the notification requirements in order for  Defendants to claim the tip credit.   92.  As a result of Defendants’ willful practices, Defendants were not entitled to claim  the tip credit and pay Plaintiff and the members of the NH Class less than the New Hampshire  minimum wage for all hours worked.   93.  Defendants have violated and, continue to violate, the NHMWL.   94.  Due to the Defendants’ violations, Plaintiff, on behalf of himself and the members  of the NH Class, are entitled to recover from Defendants the amount of unpaid minimum wages,  attorneys’ fees and costs.  FAIR LABOR STANDARDS ACT MINIMUM WAGE VIOLATIONS  (On Behalf of the FLSA Collective Class)   NEW HAMPSHIRE MINIMUM WAGE VIOLATIONS  (On Behalf of the NH Class)   PENNSYLVANIA MINIMUM WAGE ACT– MINIMUM WAGE VIOLATIONS  (On Behalf of the PA Class)  