La Padrona, recommended by Michelin, faces class action lawsuit over alleged wage theft by employees
Michelin-recommended La Padrona, the elegant Italian dining establishment located in the Back Bay area of the Raffles Boston hotel, received recognition last month from Michelin as one of the recommended restaurants in Boston. However, the recent development of a class action lawsuit has shaken the restaurant’s reputation. The lawsuit, filed by employees Kelsey MacKinnon, Clara Herman, and Nadia Agourram, accuses the restaurant’s owners of engaging in wage theft practices. These employees, who served as waitstaff or bartenders at La Padrona since 2024, claim that the restaurant violated Massachusetts wage laws by either withholding tips or not properly distributing the tip pool among all eligible employees.
Upon addressing their concerns with management, the employees alleged that their complaints were dismissed. Herman, a server at the restaurant since its opening, expressed feeling exploited by the situation. The La Padrona leadership has acknowledged the lawsuit and is currently examining the specifics while emphasizing their commitment to maintaining a fair and professional work environment for their staff.
The lawsuit highlights two main issues raised by the plaintiffs. Firstly, they contest the practice of including bussers, individuals working in the back-of-house solely on tasks like polishing silverware and glassware, in the tip pool. Since these employees do not interact with guests, the plaintiffs argue that they should not share in the pooled tips accrued by servers, bartenders, and other front-of-house staff. According to MacKinnon and Herman, with an average tab of $150 per person and serving upwards of 400-500 customers on a busy weekend night, tipping at La Padrona can be substantial. However, the allocation of tips into the pool based on the number of support staff working that night results in reduced take-home pay for eligible servers, reportedly amounting to at least $51,000 in underpaid wages since the restaurant’s opening.
MacKinnon, currently working as a bartender, emphasized the need for fair compensation for the work they contributed. The lawsuit’s concerns echo those raised by a contentious ballot measure proposed last year to overhaul the payment structure for restaurant workers in Massachusetts. Backed by One Fair Wage, the initiative aimed to require tipped workers to be paid the state’s hourly minimum of $15 before tips instead of the lower tipped minimum wage of $6.75. While some viewed this as a step towards wage equality, opponents, including many tipped workers, criticized the proposal, citing potential losses in pay. Ultimately, the measure was defeated by a wide margin in the polls.
Additionally, the lawsuit challenges the practice of including servers in managerial roles, known as captains, in the tip pool. These individuals often perform managerial duties like training staff, monitoring servers, and managing customer complaints, tasks that traditionally exclude them from tip pooling under state laws. La Padrona employed Herman in this capacity, raising questions about the legality of including managers in tip sharing arrangements.
Attorney Lou Saban, representing the employees in this lawsuit, has previously pursued cases against other restaurants for similar tip pooling discrepancies, highlighting the prevalence of such violations in the industry. Zuma, a sushi restaurant at the Four Seasons, faced $1.8 million in fines for tip pool violations, while Contessa, a rooftop restaurant in The Newbury Boston hotel, settled a lawsuit with employees over similar issues. Saban alleges that the tips at La Padrona are being funneled to individuals with managerial responsibilities and employees who do not engage with customers, potentially violating state wage laws.
As legal proceedings unfold, the allegations against La Padrona shed light on the complexities of tip pooling practices within the restaurant industry and the challenges of ensuring equitable compensation for all employees.