Morton's obtains dismissal in wage and hour class action related to tip pooling practices

Client(s) Morton's Restaurant Group, Inc.

Jones Day successfully represented Morton's Restaurant Group, Inc. against a class complaint action seeking to represent a nation-wide class of individuals who worked at Morton's restaurant locations throughout the United States from April 2005 to the present in connection with Morton's alleged failure to pay the proper amount of overtime to its employees under the Fair Labor Standards Act due to its tip pooling practices. Morton's filed a motion to dismiss the class action complaint and compel individual arbitration, pursuant to the mandatory arbitration agreements Turner signed as a condition of his employment, which precluded the arbitration of class claims. In response, the Plaintiff argued the class action waiver was unconscionable and, therefore, unenforceable under Illinois law. After the parties completed briefing, but before the court ruled, Turner filed a Motion for Voluntary Dismissal without Prejudice.

Paul Turner, et al. v. Morton's Restaurant Group, Inc., Case No. 1:08-CV-01948 (N.D. Ill.)