A recent lawsuit alleges that a major restaurant company failed to properly pay its tipped employees, raising questions about wage practices affecting hundreds of workers at popular dining locations. The complaint was filed by Monica Waite on March 30, 2026, in the United States District Court for the Northern District of Georgia against BWW Resources, LLC, which operates Buffalo Wild Wings restaurants.
According to the filing, Monica Waite brings this action individually and on behalf of other similarly situated employees who worked as servers, bartenders, bussers, barbacks, and food runners at Buffalo Wild Wings locations in Pennsylvania. The lawsuit claims that over the past three years, the defendant maintained compensation policies that unlawfully underpaid tipped employees by misapplying tip credits and paying subminimum cash wages for hours that should have been compensated at full minimum wage or overtime rates.
The complaint outlines several specific allegations. It states that BWW Resources paid Waite and other tipped staff an hourly rate below the Pennsylvania minimum wage—approximately $2.83 per hour—while relying on both federal Fair Labor Standards Act (FLSA) and Pennsylvania Minimum Wage Act (PMWA) provisions regarding tip credits. However, Waite asserts that the company did not provide required advance notice about tip credit usage as mandated by law. “Defendant failed to provide Representative Plaintiff, Waite, or Tipped Employees working in Pennsylvania with all components of the required advance tip-credit notice, orally or in writing,” the document reports.
Additionally, the lawsuit alleges that when tipped employees worked more than 40 hours in a week they did not receive one-and-one-half times their regular hourly rate as required under FLSA and PMWA. The plaintiff claims that instead of tracking time spent on non-tip-producing tasks such as cleaning or stocking supplies—and paying those hours at full minimum wage—the company continued to pay a sub-minimum rate regardless of duties performed.
The complaint describes these practices as willful violations: “Defendant was aware, or recklessly disregarded, that the FLSA and Pennsylvania law require them to: (a) provide specific tip credit notices before taking a tip credit; (b) limit the amount of tip credit taken each hour to the limits proscribed by federal and state law; and (c) pay full minimum wage for non-tip producing work.” The document further notes that public guidance from the U.S. Department of Labor addressing these issues was available but allegedly ignored by BWW Resources.
Waite seeks certification for both a class action under Rule 23 for all current and former hourly tipped front-of-house employees in Pennsylvania within three years preceding the filing date through final judgment—and a collective action under FLSA for similar workers. The suit requests unpaid minimum wages and overtime wages plus liquidated damages under FLSA; statutory damages under PMWA; pre- and post-judgment interest; attorneys’ fees; costs; injunctive relief; declaratory relief; and any other remedies deemed appropriate by the court.
The complaint specifies several legal grounds including violation of FLSA’s requirements for minimum wage ($7.25 per hour federally), overtime pay obligations (one-and-one-half times regular rate), prerequisites for lawful use of tip credits such as advance notice provision, and similar standards under PMWA applicable in Pennsylvania.
Waite’s employment with BWW Resources began around September 7, 2022 at a Pittsburgh location and ended June 12, 2024. She is represented by attorneys Andrew R. Frisch of Morgan & Morgan P.A., Plantation Florida (GA Bar No. 366105), Jordan Richards (Pro Hac Vice forthcoming) of USA Employment Lawyers – Jordan Richards PLLC in Fort Lauderdale Florida, with contact information provided in the filing. The case is identified as Case No.: 1:26-cv-01684-TWT.
Source: 126cv1684_Monica_Waite_v_BWW_Resources_Complaint_Northern_District_of_Georgia.pdf
