A federal wage lawsuit against Flanigan's has swelled to at least 26 current and former employees who allege the South Florida restaurant chain forced tipped workers to labor off the clock and capped their recorded hours to dodge overtime pay. The case began with four servers at the Coconut Grove location and has picked up 22 more employees in the last four months alone.
The lawsuit, filed by former employee Al Nawas Gampong against Flanigan's Management Services, Inc. and executive Richard Eaton, alleges violations of the Fair Labor Standards Act, the Florida Minimum Wage Act, and the Florida Constitution's minimum-wage provision, according to Miami New Times. Gampong and other tipped employees say they were required to stay on the job until their assigned tables cashed out and required side work was finished, often working many hours beyond their scheduled shifts. Court records reviewed by PacerMonitor show the complaint was filed March 31, 2025, in the U.S. District Court for the Southern District of Florida under Case No. 1:25-cv-21494.
The four original plaintiffs worked at the Coconut Grove location at 2721 Bird Ave., the report notes. As of September 2023, Coconut Grove management allegedly told servers they could not record more than 40 hours in a single week, and instructed them to reduce their recorded time to avoid triggering overtime premiums, per the same account.
Off-the-Clock Work and Punitive Scheduling
The lawsuit alleges that Flanigan's management forced employees to record no more than 40 hours of work regardless of how long they actually stayed. Servers who recorded more than 40 hours, the complaint claims, were punished by having their hours reduced or by being assigned to less profitable shifts, including lunches and openings. Gampong and similarly situated employees also allege they spent more than 20 percent of their weekly work time on non-tipped side work, the article states.
The case's reach has grown alongside its legal strategy. Plaintiffs filed a motion for conditional collective action certification under Section 216(b) of the Fair Labor Standards Act, and federal court records show the suit was reassigned to U.S. District Judge Jeffrey T. Kuntz on August 12, 2026, according to PacerMonitor. That certification move opens the door for additional employees across Flanigan's company-owned and franchised South Florida units to opt into the case. The lawsuit seeks back pay, interest, and attorney's fees.
Wage Law Backdrop Shifting Under the Case
The allegations land against a backdrop of rapidly rising state wage floors. Under Florida Amendment 2, passed by voters in 2020, the state minimum wage rose to $14.00 per hour on September 30, 2025, and is scheduled to climb to $15.00 per hour on September 30, 2026, according to FirstHR. Florida law caps the employer tip credit at $3.02 per hour, meaning tipped workers must receive a direct cash wage of at least $10.98 per hour as of September 30, 2025, rising to $11.98 per hour at the end of September 2026, per the Florida Restaurant & Lodging Association. Florida Statute Section 448.110 and Article X of the Florida Constitution also require workers to give employers written 15-day notice of unpaid minimum wage claims before filing a civil suit, according to the Florida Department of Commerce.
Federal rules governing side work for tipped employees have also been in flux. In August 2024, the U.S. Fifth Circuit Court of Appeals invalidated the Department of Labor's 2021 “80/20” tip credit rule, prompting the federal agency to formally withdraw restrictions on side-work percentages that December, according to Fisher Phillips. That vacated rule had previously capped non-tipped duties at 20% of a worker's hours, the same detail cited in Gampong's complaint regarding time spent on side work.
A Growing Chain Amid the Litigation
Flanigan's, headquartered in Fort Lauderdale, first opened in Pompano Beach in 1985 and has since expanded to 25 locations across South Florida. As of June 2026, Flanigan's Enterprises, Inc. operated 32 company-owned or managed units and franchised five more, according to a filing with the U.S. Securities and Exchange Commission. The company reported 2,033 workers across its restaurant and package liquor operations at the close of its 2025 fiscal year, per SEC records.
The chain remains financially robust even as the litigation proceeds. Flanigan's Enterprises generated $56.2 million in third-quarter 2026 revenue and $2.06 million in net income, a 7.9% increase over the same period in 2025, according to Simply Wall St. The company has continued expanding physically during the same stretch: Cutler Bay approved a new location in April, with plans for a 6,400-square-foot restaurant at 20971 Old Cutler Road expected to break ground later this year.
Flanigan's did not respond to Miami New Times' requests for comment by press time, nor did Gampong's attorneys. The case, formally titled Gampong v. Flanigan's Management Services, Inc. et al, continues to move through federal court as more employees weigh whether to join the collective action.
