A group of restaurant workers alleges that their employer failed to pay them the federally mandated minimum wage by improperly managing tip pools and making unauthorized deductions from their earnings. The complaint was filed by Allen Zoldi and Veronica Borrego in the United States District Court for the Northern District of Texas on March 12, 2026, naming Shuck It, LLC doing business as The Drunken Oyster, and Forking Good Hospitality, Inc. as defendants.
According to the filing, Zoldi and Borrego bring the case individually and on behalf of other similarly situated employees under the Fair Labor Standards Act (FLSA). They claim that the defendants relied on a ‘tip pooling’ exception in federal law to avoid paying servers and bartenders the full minimum wage but violated key requirements for using this exception. Specifically, they allege that tips were distributed to employees who do not customarily receive them and that deductions were made from tips for ‘breakage’—the cost of lost or broken items—and for situations where customers left without paying their bills.
The plaintiffs outline that both named individuals worked at The Drunken Oyster in Amarillo, Texas: Allen Zoldi as a server from April or May 2024 until February 15, 2026, and Veronica Borrego as a bartender and server from January 2024 through January 2025. Additional opt-in plaintiffs Autumn Schiller, Jisella Segovia, and Jason Granger have also joined the action. The suit asserts that these practices affected all current and former servers or bartenders paid less than minimum wage during the three years before the lawsuit was filed.
The complaint describes how employees were required to contribute approximately 21% of their tips into a pool each shift. Of this amount, a written policy required staff to pay a ‘2% breakage fee out of my tips to cover my part of the loss.’ Plaintiffs believe some funds were shared with hosts, servers’ assistants, and bartenders but say they received no documentation about who actually benefited from these pooled tips. Furthermore, deductions were made when customers left without paying (‘walked checks’), further reducing employee take-home pay.
The legal argument centers on whether these practices violate FLSA rules regarding tip credits. Under federal law cited in the complaint (29 U.S.C. § 203(m)), employers may count some tips toward meeting minimum wage obligations only if certain conditions are met: all tips must be retained by employees except for valid tip pools among those who customarily receive tips; employers cannot deduct for losses like breakage or walkouts; and employers must fully inform employees about how tip credits work. Plaintiffs state that “Defendants failed to inform its tipped employees of the provisions of the tip credit plan” as required by law.
Plaintiffs allege that these actions reflect generally applicable policies affecting all similar workers at the restaurants operated by Shuck It LLC and Forking Good Hospitality Inc., regardless of specific job duties or titles. They argue that “Defendants’ failure to pay minimum wage at the rates required by the FLSA results from generally applicable policies or practices” rather than individual circumstances.
The suit seeks certification as a collective action so other affected workers can join. Plaintiffs request compensation equal to “the difference between their hourly rate and the applicable minimum wage for all hours worked,” reimbursement for any amounts tipped out to non-customarily tipped employees, an equal amount in liquidated damages as allowed under FLSA rules, reasonable attorney’s fees, costs associated with bringing suit, pre-judgment and post-judgment interest at legally permitted rates, plus any additional relief deemed appropriate by the court.
The case is represented by Jeremi K. Young of Young Firm PC in Amarillo (301 S. Polk St., Suite 320), who submitted written consents for all named plaintiffs. The case identification number is 2:26-CV-56.
Source: 226cv00056_Allen_Zoldi_v_Shuck_Complaint_Northern_District_of_Texas.pdf
