Two former waitresses at Crechale's Restaurant in Jackson filed suit seeking damages for lost wages and income. Amanda Barnett and Kayla Dozier claim the local eatery did not pay them for hours worked and withheld tip income.
The plaintiffs make the following allegations:
1. Crechale's required the waitresses to work for tips only.
2. Crechale's made the waitresses pay part of their tips to cooks, dishwashers, and other non-waitstaff. Such employees normally do not receive tips.
3. Crechale's failed to pay the minimum wage.
4. Crechale's forced employees to work off the clock before and after scheduled shifts.
5. Crechale's kept a "book" where "errors" were tabulated and deducted from the waitresses tips.
6. Crechale's demoted the waitresses to hostess if they did not work off the clock.
The complaint states the plaintiffs worked for Crechale's between January and November in 2009. The waitresses seek payment of unpaid wages as well as overtime pay if applicable, punitive damages, interest, attorney's fees, and court costs. Madison Attorney Pamela Hancock represents the plaintiffs.
Jackson Jambalaya obtained a copy of a bulletin allegedly given to employees stating the waitresses would give a portion of their tips to the "busser, bartendar, host, or hostess". The bulletin is posted below:
Oddly enough, Crechale's Restaurant in Hattiesburg (was owned by Nick Crechale through J.A.& P Restaurants and is now closed. Robert Crechale and Bobbie McCain operate Crechale's Restaurant, Inc. in Jackson.) was ordered by a federal court in 2007 to pay $12,500 in wages to several waitresses. The court also ordered the Hattiesburg restaurant to conduct a two hour training session on sexual harassment and discrimination. The complaint and order are posted below and make for some interesting reading.
Wednesday, September 14, 2011
Crechale's sued for not paying employees
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Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
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Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).
Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.
Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".
In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.
In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.
Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.
Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
Trollfest '07
Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.
There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.
If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!
This is definitely a Beaver production.
Note: Security provided by INS.




38 comments:
From what I understand the amount of 'business meals' ordered by Jimmy the Hair entertaining family and friends declined dramatically after Balducci and Patterson got dinged.
Now maybe if they can concoct an oil spill beef with Ken Feinberg some of that business might return. It pays to not be an estranged member of the family.
That may explain why there is almost always a classified ad in the local paper placed by Crechale's seeking wat staff.
I really hate to see/hear of this development. Not good news and looks to be a solid case IF the plaintiffs have complete and accurate records to substantiate their claims. It'll take a helluva lot more than the posted memo.
While it is certainly NOT illegal to require that tips go into a common pool or that non-wait staff share them, it IS illegal to cause wages to fall below minimum wage, even where you have a 'tips only' method of payment. And its always illegal to require that employees perform work 'off the clock', which means not recording their time.
As the plaintiffs are 'former' employees, it would be interesting to learn why they are no longer there, whether there are letters or resignation or termination, what their personnel file reflects (if such files exist) and what the subpoenaed documents from Employment Security reflect.
8:34, nothing unusual about most restaurants in the area to be seeking wat (sic) staff. Constant turnover in the job. Feel free to apply.
GADS! Where is my old friend George Crechale when they need him?RIP!!!!
Isn't Bob Crechale the person who got into a lot of altercations?
Philip.
I realize there is a lot of turnover in waitstaff, but, as one of the last remaining subscribers to the C-L, I read the want ads nearly every day and Crechale's has an ad in there way more often that any other restaurant in Jackson.
Just noting the memo post-dates the plaintiffs' employment by over half a year.
I'm willing to bet this lawsuit is bull shit.
Correction: It is not illegal for an employer to have a policy/arrangement whereby tips go into a common pool for some sort of distribution. However, the employer cannot be a member of the pool, nor can those who never receive tips be included in the pool.
It's also not uncommon for patrons to tip the cooks. If Crechale's required wait staff to pool all their tips and took part of the tips for itself or for others who never receive tips, it's my understanding that is illegal under the DOL FLSA.
Now, if for example in a place like Waffle House where wait staff and cooks work in close proximity and there might be a tip jar near the register, it's debatable as to who could share in the mandatory distribution of those tips. On the rare occasions when I visit Waffle House, I'd rather my tip go to the cook than the girl popping gum behind the counter. The cook is awsome to keep up with all those shouted or scribbled orders.
As with so many complaints, "interesting if true."
What does this have to do with Harborwalk? I must be out of the loop because I see it labeled as Harborwalk, what am I missing?
Love the onion rings
Clearly another landmark is going down.
Sad
Harborwalk, Onion Rings, Clearly guilty. Great contributions.
Stupid rephrasing of contributions. Worthless contribution.
Oh jeez.
A little more than a decade ago a good friend of mine from HS got a job here as a waitress the summer before she headed off to college. She found it in the C-L classifieds, if I remember correctly, and I remember her parents were sort-of unhappy that she was working in the Hwy. 80 area (she was from NE Jackson) but also happy she was working someplace (good life skills).
She had a very unfortunate time working at Crechale's. She was forced to do work off-the-clock as described in the complaint. Waitresses' pay was docked for "infractions" (often times things that couldn't be helped or that weren't relevant to their jobs), etc. etc. She definitely didn't get tips PLUS minimum wage, either.
Of course my friend had graduated from a Jackson-area private school, had parents who were very successful and paid for her, and was off to college so she never thought about raising the issues with anyone else (etc).
I remember another friend and I visited her at work one day; that is/was a very depressing place. Most of the waitstaff who work there - at least at that point in time - were very much "stuck" in low-wage jobs for folks without much education.
In other words: I believe this lawsuit 100%.
WOW! 2:34, you really seem to have some smoldering info on this case. Hope they call you as a witness.
If I remember when I worked waiting, I was not paid minimum wage + tips. Base pay was less than minimum wage because the tips made up the difference and that was to equal minimum wage; unless you were a star at waiting on people.
What is this bit in that bulletin about not having enough cash to pay tips? huh?
Federal law does NOT require minimum wage plus tips. And there IS no Mississippi law addressing wages other than deferring to federal minimum. Wouldn't it be amazing if contributors here knew jack-shit about what they were thinking before they posted?
PS: It no doubt did the prissy-poants girl from NE Jacktown good to work in the seedy district. Gives a new definition to Hauty Pig.
I would assume that they took a hit with the recession.
Also, they probably at some rate do not have enough cash to cover the tips left on a credit card. Paying the next day accomplishes a couple things:
1. Employees show up the next day.
2. Crechales makes sure to have the cash from the bank to cover the tips from the previous day.
Great reporting, Kingfish. A lot more will come out as this case unfolds. A lot more. You can bet some people that ate there are going to be a little hot under the collar.
Having worked in this business a little in college, it is not uncommon for the wait staff to "tip" the bartenders and bussers 1%, (to be split depending on revenue). If you do a better job as a bartender or busser maybe you get more...wink wink from the wait staff. Working off the clock seems like a ploy to maybe evade taxes, (an SOP in the Mom and Pop restaurant business). Come on Bob, pay the wait staff, I would hate for the IRS to get wind of this. Surely all income is above board.
Waited tables and bartended in three states, mostly during college in one state. Always was norm to tip out others with a certain amount predetermined by the industry norm for the area. Was never set in stone or required but those who didn't were greeted with delays from bar, kitchen, etc., which affected the waitstaff's ability to provide a timely and pleasant experience for their tables....so if waitstaff wanted cooperation with others in restaurant that meant timely drinks from bar, plates from kitchen, bussing from busboys, and new folks in the seat from hostesses, you 'tipped out.'
As far as min wage, waitstaff don't ever receive what is minimum wage that other non-tip folks get. We got something like 2 bucks and change an hour and this is the min for law for folks deriving majority of income from tips. I know that is law b/c worked for several national chains as well as privately owned places and was same at each place.
Isn't Bob's wife a CPA? She would certainly be familiar with the law.
11:29's experience is the same as my children who worked as servers for summer jobs while in college.
I believe federal law requires $2.75 an hour plus tips and there's a minimum tax assumption for tips as well.
I can't help but wonder how this restaurant's tax filings were completed. Were there just selected employees listed for the minimum wage? Were the cooks the only employees claimed or were family members paid as employees?
Like car sales, I've always hated this archaic way of doing business. I'd prefer not to haggle or tip, but just pay for goods and services received. I appreciate restaurants that simply add a gratuity though there are few that do. And, I appreciate car sales where blue book prices for trades and new car sales are accepted though that is rarer still.
We eat there often, most of the wait staff have been there for years and seem happy with their jobs. It is a Jackson landmark.
One of my family members worked there for years. I know with absolute certainty that the claims made in this case did in fact happen and had been going on for years. Waitstaff were always required to work off the clock before shifts, setting up the restaurant in preparation for opening; and after shifts, cleaning, refilling condiments, etc., ALWAYS OFF THE CLOCK.
In addition, several times a year they are required to come in on a Sunday (for the pay of $10.00)to deep-clean the restaurant; climbing on chairs and tables to steam clean walls and booths, etc. Anyone who objected was told they could go find another job elsewhere - and most of them did not have education or experience to do so, thus they were afraid of losing their jobs and not having means to support their families.
I urged my relative countless times to file an EEOC complaint but she was fearful of losing her livelihood. The Crechales used and manipulated their employees for their own financial gain. They should have to repay all past employees the money they illegally took from them.
One other notable issue: Waitstaff were required to be "on call" on their days off, in case someone else didn't show up for their shift. If they tried and failed to reach someone on their day off, to tell them to come in to work, then that person was penalized by: their hours being cut; their station being downsized (therefore less tips); or even being fired. Your anniversary?... Going to visit a sick parent?... Family reunion? That didn't make any difference, even if the day(s) off had been requested and approved months ahead of time. If they called, you had to come running, or risk losing your job.
I know of one waiter who had to choose between not attend the long-planned out-of-state family reunion, or be fired.
Wisely, he chose to quit and go find a job with an ethical employer.
I'm not in the law profession, but...
My guess is that the plaintiffs (on wait staff wages) don't have a lot of extra money in their coffers to be paying attorney's fees. So, it seems logical to me that most attorneys (wanting to get paid for their services) would not take on a case like this, unless it was a slam-dunk.
Most wait staff know to tip the bartenders, hostesses, etc, which the plaintiffs likely did. However, being forced to do so by an employer is something totally different. My guess is the tip thing is a minor issue in the whole story. Because the employer was stupid and audacious enough to post a memo like that, there is no telling what else will unfold.
Keep us posted KF!
@12:07. Fairness and emotion aside, it's not illegal in this state to fire someone for any reason or no reason at all as long as it is not an illegal violation of federal statutes. It's also not illegal in this state to alter job assignments, cut hours or be told not to wear a green shirt.
@9:26, being a CPA or married to one has nothing to do with following the requirements of the FLSA. Accountants aren't necessarily even familiar with wage and hour laws and other labor laws. They 'might' be, but they aren't necessarily.
If the waitsatff doesn't like their job or conditions, phucking QUIT and do something else. Good Lord.
Cry ass babies. Bob has a great shop. Open your won damn restaurant.
Yes, a 'won restaurant'. Just what we need, another Chinese eatery specializing in won-cat.
Hey, 6:35 PM
"Bob" has great veal too. Only it's not veal. It's pork loin pounded out with a mallet.He lies and screws the customer.
The "prime" beef he praises from table to table? No.. a much lower grade.Again, he lies and screws his customer.
The "trout"? Damn! Missed again! No rainbow trout at Bobs.It's drum. Same thing they serve for snapper.
The orders will prove it all.
The staff had to lie every single time they took an order.
Those rolls you you ate? A few were probably left from the table ahead of you.Hope their kids weren't digging in their nose when they played catch with them.
Your "won damn restaurant" is as nasty and as bogus as it gets and it's all coming out.
I have been reading these comments and just wondered if any of you has the fortitude to put it all on the line and go out on a limb to own a business. I have no way of knowing about Bob's policies or whether this suit is bogus or not. HOWEVER, I do believe I would know the difference between trout, snapper, flounder and DRUM...Come on now, at least play fair!
11:45 is probably a manager at Captain D's hoping to draw the seafood crowd over to the Jacktown shooting gallery.
Bob inherited 12:10, he didn't " put it all on the line".And, yeah, I have and didn't have to treat my employees like slaves to be successful nor did I inherit an existing business.
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