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Former server sues Hickory Tavern, accuses restaurant of violating federal law

WINSTON-SALEM, N.C. — A former server is suing a popular restaurant with several locations throughout the Charlotte area.

Hickory Tavern is accused of violating federal law involving tipped employees.

Fair labor rules allow restaurants to pay servers below the minimum wage as long as their tips cover the difference.

A former server said she spent about 40 percent of her time doing side work such as rolling silverware or washing dishes, which doesn't generate tips.

The lawsuit claims when side work, "... exceeds 20 percent of all time worked during a shift, plaintiff and the class members are required to be paid minimum wage for all of the side work performed."

The server said she was paid $2.13 an hour and was not paid minimum wage when her side work duties lasted for more than 20 percent of her shift.

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