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A onetime Chicago bartender has served up a accepted class-action accusation adjoin the Four Corners alehouse restaurant group, alleging his above employer shorted advisers pay at its 15 confined about the city, advantageous beneath than the appropriate minimum allowance by overstating on pay stubs and W-2 tax forms how abundant advisers accustomed in tips.



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Erik Luna filed a 100-page complaint July 19 in Cook County Circuit Court adjoin Four Corners, which runs added than a dozen bar-restaurants in Chicago. The clothing declared Four Corners abandoned federal, accompaniment and borough minimum allowance laws, Internal Revenue Service cipher and the U.S. Racketeer Influenced and Corrupt Organizations Act.



According to the complaint, Four Corners is run by Matthew Menna and Andrew Gloor. The aggregation began in 2001 with a bar in the Lakeview neighborhood, again broadcast to its accepted agenda of 15 establishments.

According to the complaint, Luna tended bar from April 2011 to June 2018 at the Four Corners-owned Benchmark Bar and Grill, 1510 N. Wells St., on Chicago’s Near North Side. Luna explained he would almanac with administration the bulk of tips he accustomed from customers, but alleged, on pay stubs and W-2 forms furnished by Four Corners, his tip bulk was consistently exaggerated.



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As an example, Luna said he accustomed $2,437 in tips during a two-week pay aeon in bounce 2017. Four Corners, however, allegedly appear he had calm $2,850.

Luna said this declared convenance of Four Corners makes bartenders and servers pay taxes on assets they did not receive. 

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Luna added acclaimed the law lets administration of angled workers acclaim allotment of the tips against the alternate pay they accord such workers. However, administration charge still pay the workers a minimum wage. 

The U.S. Fair Labor Standards Act requires angled workers be paid at atomic $2.13 per hour. The Illinois Minimum Allowance Law requires angled workers be paid at atomic $4.95 per hour and the Chicago Minimum Allowance Ordinance sets the alternate allowance at $6.25. For non-tipped workers the minimum accomplishment are $7.25, $8.25 and $12 per hour respectively.

Luna declared that because Four Corners claims its advisers aggregate added tips than they do, Four Corners gets abroad with advantageous beneath than the applicative and appropriate minimum wage.

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Luna declared defendants’ declared act as a “willful arrangement to about-face the accountability of advantageous taxes so that Defendants could covertly absorb assets after advantageous taxes, or abstain advantageous the minimum alternate amount of pay beneath applicative minimum allowance laws.” 

Luna said anniversary of the Four Corners establishments apply about 50 delay staff, and so there are hundreds of accepted and above employees, who were possibly afflicted by the company’s declared pay convenance and would authorize for admittance in the chic action.

Luna is represented by attorneys Thomas A. Zimmerman Jr., Sharon A. Harris, Matthew C. De Re and Nickolas J. Hagman of Zimmerman Law Offices in Chicago.

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