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Tipped employees can sue for wages for work not involving tips, court says

In this file photo: Natalie Patrick takes a drink order for Ryan and Ashley Fitzpatric Wednesday, March 25, 2009 at Ryan's Tavern in Hamilton, Ohio.

Staff photo by Nick Graham In this file photo: Natalie Patrick takes a drink order for Ryan and Ashley Fitzpatric Wednesday, March 25, 2009 at Ryan's Tavern in Hamilton, Ohio.

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The Associated Press Updated 4:33 PM Tuesday, January 17, 2012

WASHINGTON — The Supreme Court will allow bartenders and servers who make part of their money through tips to file lawsuits for more money when they do work that doesn't involve tips.

The high court refused to hear an appeal from Applebee's International, which wants to overturn a lower court ruling.

Restaurants consider tips as part of some employees' salary to get the pay up to the minimum wage. But if a worker spends 20 percent of the time doing general maintenance and preparation work, they currently get full minimum wage.

Gerald Fast and others sued, saying that opening and closing restaurants, as well as cleaning and stocking, consumed significant work time and Applebee's should pay them additional wages. The lower courts refused to dismiss the complaint and the high court agreed.

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January 17, 2012 03:24 PM EST

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