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Monday, March 05, 2007


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Well good, hopefully I won't see spam in bulk in every single one of my email accounts for the rest of my life.

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Well good, hopefully I won't see spam in bulk in every single one of my email accounts for the rest of my life.

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That is, an issue that involves “too little commonality to allow for a class to survive the predominance requirements may still be precluded for later individual action.”

Steve Gardner

I don't know the case or the lawyers, but the Houston Chronicle (Oct 01, 2008) reports thus:

Wait staff at Luby's restaurants around Texas may have a chance to collect one big ol' tip if a federal class-action case succeeds.

U.S. District Judge Samuel Kent on Wednesday denied a request from the restaurant that a 2007 lawsuit over tip-sharing be dropped. Kent also conditionally approved that the lawsuit be a class action for the waiters and waitresses at Luby's.

Bob Debes, a Houston attorney representing 10 wait staff from around the state, said if they win the lawsuit, his clients could potentially collect, on a sliding scale, up to $4.42 an hour for each hour they worked in the last two to three years. The amount will depend in part on the prevailing minimum wage.

The lawsuit is over mandatory tip-sharing between the wait staff -- the folks who ask diners if you need anything like tea or dessert -- and the service attendants who clean off dishes after the wait staff removes them from the tables.

Key to the lawsuit will be the definition of duties and how much the service attendants are like bus boys, who can legally share in tips. If the judge or a jury decides they are more like kitchen staff, who can't share in tips, the wait staff could have a big pay day.

The next step is for Luby's to provide a list of waiters and waitresses at Luby's restaurants around the state in the last few years. These people will be contacted and can join this federal wage lawsuit if they wish, Debes said.

Luby's lawyer Terrence Robinson said the tips were properly shared.

"This suit attempts to create something out of nothing. These guys are bussers, and the tips were properly divided," Robinson said.


I found your blog while searching for information concerning the Luby's Houston class action suit for labor laws concerning tips. Are you familiar with it?

Do you have the names and numbers I can call/contact to determine if a lawyer is reputable?
Also, how can I find which court is handling a particular case?

Brooks Schuelke


It's been a long time since we've talked. I hope you're doing well.

I just had to ask why you put a question mark at the end of your post's title. Is there really a question at this point?

Take care.

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