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WEBVTT ACCUSES WATER STREET BREWERY OF NOT PLAYING BY THE RULES. ANGELA BRANDT: I BELIEVE I'M A HARD, DEDICATED WORKER. REPORTER: ANGELA BRANDT USED TO WAIT TABLES YEAR AT THE WATER , STREET BREWERY IN OAK CREEK. BUT THIS WEEK, SHE FILED A FEDERAL COMPLAINT AGAINST THE MILWAUKEE-BASED RESTAURANT CHAIN AND OWNER ROBERT C. SCHMIDT, JR. SHE ACCUSES THEM AMONG OTHER THINGS OF VIOLATING THE FAIR LABOR STANDARDS ACT. MAKING SERVERS PAY FOR DISCARDED SILVERWARE, EVEN IF SOMEONE ELSE WAS TO BLAME. TERRY: WHETHER I THREW IT IN THE GARBAGE OR THE BUSSER PUT IT IN THE GARBAGE BY MISTAKE I'D GET , CHARGED AS THE SERVER? CORRECT. THE SERVER WOULD GET CHARGED FOR IT. REPORTER: WISCONSIN LAW SAYS NO EMPLOYER MAY MAKE ANY DEDUCTION FROM THE WAGES DUE BY ANY EMPLOYEE FOR LOST OR STOLEN PROPERTY OR DAMAGE TO PROPERTY, UNLESS THE EMPLOYEE AUTHORIZES THE EMPLOYER IN WRITING. LOST SILVERWARE OR BROKEN PLATES ARE CONSIDERED AN OPERATING COST. >> AFTER I SPOKE MY VOICE AND SAID, THIS IS ILLEGAL. YOU CANNOT CHARGE US FOR THIS , AND REFUSED TO PAY, THEN I WAS SUSPENDED. REPORTER: IN PART, THE FEDERAL LAWSUIT ACCUSES WATER STREET BREWERY OF VIOLATING FEDERAL AND STATE MINIMUM WAGE AND OVERTIME LAWS. >> SO WE COULD WORK A 50 HOUR WEEK, BUT ONLY -- BUT ON PAPER IT ONLY LOOKED LIKE 42 HOURS. REPORTER: IT'S NOT JUST BEING UNDERPAID FOR OVERTIME. SHE'S ALSO ACCUSING THEM OF NOT PAYING CORRECT MINIMUM WAGE. IN WISCONSIN, LAW ALLOWS RESTAURANTS TO PAY SERVERS $2.33 PER HOUR, PLUS TIP IF THE EMPLOYEE'S HOURLY WAGE PLUS TIPS EARNED DON'T ADD UP TO AT LEAST $7.25 AN HOUR, THE EMPLOYER MUST MAKE UP THE DIFFERENCE. ANGELA SAYS SHE WANTS THE LAWSUIT TO HELP OTHER WORKERS, . >> I'M DOING IT TO CREATE A FAIRNESS WITH ALL THE SERVING STAF REPORTER THE RESTAURANT'S DIRECTOR OF OPERATIONS WOULDN' TALK ON CAMERA, BUT HE DID TALK TO ME ON THE TELEPHONE. OF THE COMPLAINTS, HE SAID WE VIGOROUSLY DENIED THEM, AND WILL BE EAGER TO DEFEND THEM. SAYING OF ANGELA AND THE

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Being forced to pay for lost silverware, and kids' water cups and not getting paid overtime are some of the accusations a former server is making against Water Street Brewery. She's now suing on behalf of hundreds of other restaurant workers. A class action complaint also accuses Water Street Brewery of not playing by the rules. "I believe I'm a hard, dedicated worker," former Water Street Brewery server Angela Brandt said. Brandt used to wait tables at the brewery in Oak Creek, but this week she filed a federal complaint against the Milwaukee-based restaurant chain and owner Robert C. Schmidt Jr. She accused them, among other things, of violating the Fair Labor Standards Act, making servers pay for discarded silverware even if someone else was to blame. "Whether I threw it in the garbage or the busser put it in the garbage by mistake, I'd get charged as the server?" WISN 12 News reporter Terry Sater asked. "Correct. The server would get charged for it," Brandt said. The restaurant's director of operations, Matt Schmidt, responded to the claims saying, "We vigorously deny them and are eager to defend them. They have some of their facts wrong." Wisconsin law says, "No employer may make any deduction from the wages due by any employee for lost or stolen property or damage to property, unless the employee authorizes the employer in writing." Lost silverware or broken plates are considered an operating cost. Statute 103.455 states: No employer may make any deduction from the wages due or earned by any employee, who is not an independent contractor, for defective or faulty workmanship, lost or stolen property or damage to property, unless the employee authorizes the employer in writing to make that deduction or unless the employer and a representative designated by the employee determine that the defective or faulty workmanship, loss, theft or damage is due to the employee's negligence, carelessness, or willful and intentional conduct, or unless the employee is found guilty or held liable in a court of competent jurisdiction by reason of that negligence, carelessness, or willful and intentional conduct. If any deduction is made or credit taken by any employer that is not in accordance with this section, the employer shall be liable for twice the amount of the deduction or credit taken in a civil action brought by the employee. Any agreement entered into between an employer and employee that is contrary to this section shall be void. In case of a disagreement between the 2 parties, the department shall be the 3rd determining party, subject to any appeal to the court. Section 111.322 (2m) applies to discharge and other discriminatory acts arising in connection with any proceeding to recover a deduction under this section.) "After I spoke my voice and said, 'This is illegal. You cannot charge us for this and refused to pay.' Then, I was suspended," Brandt said. In part, the federal complaint accuses Water Street Brewery of violating federal and state minimum wage and overtime laws. "So we could work a 50-hour week, but on paper it only looked like 42 hours," Brandt said. In addition to being underpaid for overtime, she also said the brewery didn't pay correct minimum wage. In Wisconsin, law allows restaurants to pay servers $2.33 per hour, plus tips. "If the employee's hourly wage plus tips earned don't add up to at least $7.25 an hour, (minimum wage) the employer must make up the difference," the law says. Statue DWD 272.03(2)(b)1 states: When the employer elects to take tip credit the employer must have a tip declaration signed by the tipped employee each pay period and show on the payroll records that any required social security or taxes have been withheld each pay period to show that when adding the tips received to the wages paid by the employer, no less than the minimum rate was received by the employee. When the employer's time and payroll records do not contain these requirements, no tip credit shall be allowed. Brandt said she wants the lawsuit to help other workers. "I'm doing it to create a fairness with all the serving staff," she said. Read the complaint