       9. Plaintiff worked as a waiter at the Manny’s restaurant located at 3521 Oak Grove,  Dallas, Texas.  Plaintiff was hired during the period of July 2016.  In or around December  2019, he was transferred to Manny’s restaurant in Heath, Texas located at 469 Laurence Dr,  Heath, TX 75032.  On or about February 8, 2020, Plaintiff resigned his employment.   10.  As a waiter, Defendants paid Plaintiff, and other similarly situated employees a   direct hourly wage of $2.13 per hour.     12. In accordance with Defendants’ mandatory policy or practice, Plaintiff and other  tipped employees were permitted to keep some, but not all, of the tips they received from  restaurant patrons.  Rather, they were required to contribute an amount of their total sales to a tip  pool from which other restaurant employees shared.    13. Defendants’ tip pool did not meet the requirements of a valid tip pool under Section  203(m) of the FLSA because they failed to inform Plaintiff of their intention to take a “tip credit”  against their minimum wage obligations and failed to inform Plaintiff of the provisions of  Section 203(m) prior to taking the tip credit.  Therefore, Defendants violated the tip credit  requirements of Section 203(m) and the minimum wage provisions of the FLSA.  As a result,  Defendants forfeit the tip credit for each and every hour that Plaintiff and other similarly situated  employees worked as tipped employee.   14. Further, Defendants deleted hundreds of hours worked by Plaintiff which resulted  in Plaintiff not getting paid for all of the hours they worked.  In doing so, Defendants violated the  minimum and overtime wage provisions of the FLSA.  Accordingly, Plaintiff and other similarly  situated employees are entitled to recover the minimum wage ($7.25/hour) and/or overtime wage  ($10.88/hour) for each and every hour they worked for Defendants and for which he and other  similarly situated employees were not paid.    