Disney sued by server over tipped-worker wages
A former server at the Magic Kingdom’s Plaza restaurant has sued Walt Disney World, saying her income took a hit because she had to spend too much time on duties that didn’t generate tips.
Disputes over tipping are a big issue for the hospitality industry. Darden Restaurants, Hard Rock Café International, and Outback Steakhouse are among companies that have faced lawsuits during the last few years over tips and wages.
“We are reviewing the allegations contained in the complaint and will respond in court,” Disney said in a prepared statement.
Jasmin Sandoval’s lawsuit was filed this month in Orange County circuit court.
Often, such lawsuits seek class-action status. Sandoval’s attorney, Michael Grossman of Cohen Grossman in Maitland, said his firm prefers to file individual claims because they can be resolved more quickly.
“We’re not trying to make millions of dollars,” Grossman said. “We’re just trying to get wages recovered for people.”
According to the lawsuit, Sandoval spent more than 20 percent of her time on the clock doing non-tipped jobs such as washing dishes and restocking.
Tipped employees earn a smaller minimum wage than other workers. Florida has a minimum wage of $8.05. Businesses only have to pay tipped workers $5.03 an hour, however.
When employees spend more than 20 percent of the work week on jobs that don’t bring in tips, they must receive the untipped minimum wage for those tasks. Sandoval says that didn’t happen.
Minimum wage falls under both state and federal law. Grossman said Sandoval’s legal action deals with Florida law because the statute of limitations is longer than in federal court.
Sandoval seeks damages of more than $15,000.
Sandoval’s lawsuit says she does not yet know the exact amount Disney owes her but hopes that information will become available as the lawsuit goes on.
She seeks back pay, interest, attorney’s fees and “any additional relief this Court deems just and proper.”
Sandoval worked at Disney from 2011 until last year. Grossman would not discuss the reason for her departure but said it was unrelated to the wage claim.