Annie Hunt Mar. 2, 2016, 2:37pm

PHILADELPHIA — A former employee is suing the Chesapeake & Delaware Brewing Company, alleging unpaid minimum wages.

Matthew Schaub of New Britain, Pennsylvania, on behalf of himself and similarly situated employees, filed a lawsuit Feb. 17 in U.S. District Court for the Eastern District of Pennsylvania against Chesapeake & Delaware Brewing Company LLC, alleging violations of the Fair Labor Standards Act (FLSA) and violations of the Pennsylvania Minimum Wage Act (PMWA).

According to the complaint, Schaub had been employed as a server and a bartender at the defendant’s North Wales restaurant for three years. During that time, the plaintiff alleges he was not paid the minimum wage rate of $7.25 per hour, pursuant to the PMWA.

The suit states the defendant purports to utilize a “tip credit,” in compliance with the FLSA/PMWA, but Schaub alleges that a portion goes to expeditors who prepare the food for the servers, rendering the credit unsubstantiated.

Schaub filed the complaint on behalf of a putative class that he says includes more than 100 individuals employed by the defendant.

Schaub seeks $4.42 for every hour worked, prejudgment interest, liquidated damages, litigation coasts, expenses, attorney fees, and a trial by jury. He is represented by attorneys Peter Winebrake, R. Andrew Santillo and Mark J. Gottesfeld of Winebrake & Santillo LLC in Dresher.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:16-cv-00756-MAK

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U.S. District Court of Eastern District of Pennsylvania
601 Market Street
Philadelphia, PA 19106

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