CORK v. APPLEBEE'S, INC.

Docket No. 206868.

608 N.W.2d 62 (2000)

239 Mich. App. 311

Phaedra L. CORK, Michelle Taylor, and Janice C. Bashlor, Plaintiffs-Appellants, v. APPLEBEE'S OF MICHIGAN, INC., d/b/a Applebee's Neighborhood Bar And Grille, Defendant-Appellee.

Court of Appeals of Michigan.

Decided January 7, 2000, at 9:15 a.m.

Released for Publication April 4, 2000.


Attorney(s) appearing for the Case

Denis D. Walterreit, Trenton, for the plaintiffs.

Plunkett & Cooney, P.C. (by Ernest R. Bazzana), Detroit, for the defendant.

Before NEFF, P.J., and MICHAEL J. KELLY and HOOD, JJ.


MICHAEL J. KELLY, J.

Plaintiffs appeal as of right the trial court's order of September 23, 1997, granting defendant's motion to dismiss pursuant to MCR 2.116(C)(4) and (8) on the basis that plaintiffs failed to exhaust their administrative remedies. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiffs were employed by defendant as servers in defendant's restaurant. They alleged that defendant had a policy of "tip-sharing" implemented...

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