Jim Walsh

@jimwalsh_cp

CAMDEN - Three former servers are suing a popular Westmont restaurant, alleging it shortchanges tipped workers in violation of state and federal wage laws.

Among other claims, the suit contends the operators of Keg n Kitchen have altered workers’ time sheets to erase overtime hours and have improperly applied a tip credit to avoid paying the minimum wage.

Iron Hill pays $1.3M to settle suit

The workers also claim the owners of the Haddon Avenue restaurant, Kevin and Janet Meeker, have improperly pressured current employees to shun the proposed class-action suit. They’ve asked a federal judge to prohibit those alleged tactics by the Meekers and the restaurant's management.

The restaurant has denied those allegations, saying its workers “were at all times properly paid all compensation due them.”

Camden educators' lawsuit dismissed

It also disputes the claims of coercion, said Douglas Diaz, a Haddonfield attorney representing the business.

The two sides are to present oral arguments on the injunction request Nov. 23 before U.S. District Court Judge Noel Hillman in Camden.

The suit was brought by William Reed and Alexander Console, both of Collingswood, and Kevin Moore of Riverton. They left the restaurant earlier this year after working there for several years.

The men have been joined in the suit by 12 former workers and one current employee of Keg n Kitchen.



A court filing on behalf of the workers asserts "newly hired employees at … Keg & Kitchen are often warned by their coworkers that defendant engages in sketchy pay practices.

“Employees know to keep an eye on their pay stubs as they often inaccurately reflect the number of hours an employee actually worked," Philadelphia attorney Ian Bryson claims in the filing.

The suit seeks to recover alleged unpaid wages, as well as damages and penalties for employees at Keg n Kitchen over the past three years.

It contends Reed, Moore and Console regularly reported working overtime, or more than 40 hours a week, but that "pay stubs and time records almost always indicated that they had worked fewer than 40 hours."



It also questions the restaurant’s use of a tip credit, which allows an employer to pay employees $2.13 per hour, with patrons’ gratuities bringing a worker’s wage to at least $8.38 per hour.

The suit contends Keg n Kitchen did not qualify for the credit because it improperly withheld tips.

It also asserts tipped employees sometimes spent 20 percent or more of their shifts working at jobs that produced no tips – like cleaning bathrooms and mopping floors. Keg n Kitchen was responsible for paying the full minimum wage at those times, the lawsuit claims.

The suit also alleges the restaurant’s owners “had a policy of skimming and pocketing a portion of (workers’) tips.”

In one instance, it says the Meekers' son-in-law left a $60 tip for server Janelle Wilson after a complimentary meal. The suit alleges Janet Meeker took the tip from Wilson, saying it was “too much money” and telling the server, “you didn’t earn $60.”

Jim Walsh; (856) 486-2646; jwalsh@gannettnj.com