35.  The crux of the FLSA and PA State Laws is, inter alia, that all employees are  entitled to be paid mandated minimum wages for all hours worked.   36.  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.  Plaintiff and the members of the Classes are, or were, Tipped Employees employed  by Defendants.   38.  Upon information and belief, all of the Defendants’ restaurant locations are/were  operated under uniform policies/procedures applicable to all members of the Classes, including  subjecting Tipped Employees to the unlawful pay practices complained of herein.   39.  Evidencing this fact, on the Texas Roadhouse website, an individual is able to apply  online to any Texas Roadhouse location, including the franchise locations owned by Defendants.  By way of further example, the description for “server” is identical for all Texas Roadhouse  locations.    41.  As set forth above, Plaintiff was employed by Texas Roadhouse as a “server” in  their Texas Roadhouse Beaver location. Plaintiff worked at this location from in or about February  2015 to February 2016.    42.  Plaintiff was paid an hourly cash wage rate from Defendants and earned tips from  customers who chose to leave a gratuity.     43.  Plaintiff’s hourly wage rate from Defendants was $2.83 an hour. Plaintiff does not  ever recall the hourly wage being raised by Defendants above $2.83 for any day worked,  irrespective of how little tips were earned or the type of work performed.   44.  Plaintiff typically worked for Defendants on the following days: Monday,  Wednesday, Friday, and Sunday, with the average shift starting at 5:00 p.m. Plaintiff typically  finished her work and left the restaurant around 12:00 a.m.  On occasion, Plaintiff left as early as  11:00 p.m. when she worked during the week and as late as 1:00 a.m. when she worked during  the weekend.  How late Plaintiff left Defendants’ establishment depended on how much break  down work she had to do at the end of her shift.      45.  Plaintiff recalls that the restaurant closed at 10:00 p.m. every night, except Friday  and Saturday nights when the restaurant closed at 11:00 p.m.  Consequently, Plaintiff performed  at least an hour or more of clean up and break down work at the end of each closing shift worked.   46.  Some of the typical break down work Plaintiff and the other Tipped Employees  performed when closing the restaurant included, but was not limited to, rolling silverware, filling  the ice bins, breaking down the coffee bar, stocking coffee cups, and filling the salad dressings.   48.  From time to time, Plaintiff worked the opening shift.  Plaintiff recalls that, if she  had to work an opening shift, it was usually on a Sunday.     49.  Defendants required Tipped Employees, including Plaintiff, to report to work one  hour before the restaurant opened to the public.  During this hour, Tipped Employees, including  Plaintiff, were required to perform a series of opening restaurant tasks.  Such work included, for  example, making coffee and tea, fill the ice bins, and set up the tables for the expeditor.   50.  Plaintiff recorded their work time by logging into Defendants’ timekeeping system  through the point-of-sale (“POS”) system.   51.  The precise amount of time Plaintiff recorded as working each week, upon  information and belief, is maintained in Defendants’ employment and/or payroll records.   52.  Notably, Plaintiff was never instructed to clock in under a different job code when  performing non-tip generating work (such as when rolling silverware or performing strictly “side  work”) or when working prior to or after the restaurant opened/closed.  Indeed, to the best of  Plaintiff’s knowledge, Defendants did not keep track of such time separately from Plaintiff’s  entries into the POS system.   54.  Rather than pay its Tipped Employees the applicable minimum wage (either the  applicable state minimum wage or the federal minimum wage, whichever is higher), Defendants  chose to take a tip credit and pay these employees less than the applicable minimum wage.     55.  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 cash wage paid by the employer equals at least  the applicable minimum wage.1   56.  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).   57.  As is made plain in Fact Sheet #15, in order to claim a tip credit, the employer must  comply with five strict notification requirements.    58.  First, the employer must notify the employee of the amount of the cash wage the  employer is paying the Tipped Employee and that amount must equal at least $2.13 per hour.    60.  Third, the employer must inform the Tipped Employee that the tip credit claimed  cannot exceed the actual amount of tips received by the employee.  In effect, the employer must  inform the employee that the employee must still earn the mandated minimum of $7.25 per hour  between the amount of the tip credit taken by the employer and the amount of tips earned by the  employee.   61.  Fourth, the employer must notify the Tipped Employee that all tips received are to  be retained by the employee except for a valid tip pooling arrangement.     62.  Finally, the Tipped Employee must be informed by the employer that the tip credit  will not apply unless the employee has been informed of these provisions.     63.  In short, Fact Sheet #15 effectively sets forth in plain English what is required under  the regulations for an employer to properly claim a tip credit.   64.  An employer bears the burden of showing that it has satisfied all of the notification  requirements before any tips can be 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.   66.  As set forth herein, Defendants failed to comply with certain of the FLSA’s  provisions regarding the claiming of a tip credit.  Pennsylvania’s Requirements   67.  Pennsylvania state law has a substantially similar requirement to the FLSA’s tip  notification requirements.  See 43 P.S. § 333.103(d).   68.  Importantly, however, Pennsylvania mandates a higher minimum cash wage and  requires employers to pay at least $2.83 per hour.  Thus, under Pennsylvania law, the maximum  tip credit is $4.42 per hour.3   69.  As such, an employer cannot be said to have complied with Pennsylvania’s tip  credit notification requirements where the employer simply relies on United States Department of  Labor mandated posters, as said posters do not explicitly identify the tip credit amount in  Pennsylvania (as it differs from the FLSA tip credit amount).   71.  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.    72.  Rather than comply with the notification requirements set forth in Fact Sheet #15,  Defendant chose to simply pay their Tipped Employees $2.83 per hour. In short, Defendants failed  to conform to the strict regulatory requirements necessary to satisfy the tip credit notification  provisions.     74.  Indeed, with respect to how Defendants intended to pay Plaintiff, Plaintiff only  recalls being told during her interview that Defendants would pay her “$2.83 per hour plus tips.”   Plaintiff does not recall ever receiving any other information regarding how she would be  compensated.   75.  Defendants also failed to ensure that Plaintiff received enough tips to justify the  maximum tip credit claimed by Defendants.  For example, Plaintiff recalls several instances where  she worked a full shift of seven or more hours and left Defendants’ establishment with only $30  in tips (clearly below the requisite amount necessary to substantiate the maximum tip credit of  $4.42 Defendants claimed).  When Plaintiff earned little to no tips, Plaintiff does not ever recall  Defendants adjusting her hourly rate upwards so as to account for the low tip amount received.   76.  The Third Circuit and district courts across the country have held that where an  employer fails to satisfy any one of the notification requirements, including claiming the applicable  tip credit amount in light of the tips received, that employer forfeits the tip credit and must pay the  employee the full minimum wage.   77.  Defendants also failed to comply with 43 P.S. 231.34 insofar as it 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.   79.  Such conduct constitutes a violation of 43 P.S. 231.34 insofar as Defendants failed  to record the hours where Plaintiff and the other Tipped Employee were engaged in non-tip  generating work.   80.  Because of the above violations, Defendants owe Plaintiff and the other Tipped  Employees $4.42 for every hour they worked and were only paid $2.83 per hour.  Thus, the  amounts due and owing are significant.  Stated differently, due to Defendants’ failure to comply  with applicable wage laws, Defendants could not claim a tip credit and owe Plaintiff and other  Tipped Employees the full minimum wage for every hour worked.       81.  Plaintiff brings this action on behalf of the Collective Class as a collective action  pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207 and 216(b).  Plaintiff also brings this  action as a class action pursuant to Fed. R. Civ. P. 23 on behalf of herself and the PA Class for  claims under the PA State Laws.     82.  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 may be pursued  by all similarly-situated persons who do not opt-out of the PA Class pursuant to Fed.R.Civ.P. 23.     84.  Defendants have acted or has 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.   85.  The claims of Plaintiff are typical of the claims of the Classes she 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.     86.  Common questions of law and fact exist as to the Classes that predominate over  any questions only affecting them individually and include, but are not limited to, the following:  (a)  whether Defendants have failed to pay the full minimum wage for each hour  worked;   (b)  whether Defendants satisfied each of the requirements in order to claim a  tip credit against each hour worked;  (c)  whether Defendants were precluded from claiming the tip credit during the  period encompassed by this Complaint; and  (d)  whether Plaintiff and members of the Classes are entitled to compensatory  damages, and if so, the means of measuring such damages.   87.  Plaintiff will fairly and adequately protect the interests of the Classes as her  interests are aligned with those of the members of the Classes.  Plaintiff has no interests adverse  to the Classes she seeks to represent and has retained competent and experienced counsel.    89.  Plaintiff and the Classes she seeks to represent have suffered and will continue to  suffer irreparable damage from the illegal policy, practice and custom regarding Defendants’ pay  practices.   90.  Defendants have violated and, continue to violate, the FLSA, 29 U.S.C. §§ 201 et  seq.  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.  91.  Plaintiff, on behalf of herself and the Collective Class, realleges and incorporates  by reference the paragraphs above as if they were set forth again herein.   92.  At all relevant times, Defendants has had gross revenues in excess of $500,000.   93.  At all relevant times, Defendants have been and continues to be, an employer  engaged in interstate commerce, within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207(a).   94.  At all relevant times, Defendants have employed, and/or continues to employ,  Plaintiff and each of the Collective Class Members within the meaning of the FLSA.   95.  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.   97.  Due to Defendants’ FLSA violations, Plaintiff, on behalf of herself and the  members of the 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)..  98.  Plaintiff, on behalf of herself and the members of the PA Class, realleges and  incorporates by reference the paragraphs above as if they were set forth again herein.   FAIR LABOR STANDARDS ACT MINIMUM WAGE VIOLATIONS  (On Behalf of the Collective Class)   PENNSYLVANIA MINIMUM WAGE ACT– MINIMUM WAGE VIOLATIONS  (On Behalf of the PA Class)  