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RAFFERTY v. DENNY'S, INC.

No. 20-13715.

13 F.4th 1166 (2021)

Lindsay RAFFERTY, Plaintiff-Appellant, v. DENNY'S, INC., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 15, 2021.

Attorney(s) appearing for the Case

John Richard Byrne , Leon Cosgrove, LLP, Miami, FL, James L. Simon , Law Offices of Simon & Simon, Independence, OFI, Clifford P. Bendau, II , Attorney, Bendau & Bendau, PLLC, Phoenix, AZ, Matthew D. Brady , Edward W. Ciolko , James Patrick McGraw, III , Carlson Lynch, LLP, Pittsburgh, PA, Gerald D. Wells, III , Assistant, Connolly Wells & Gray, LLP, Malvern, PA, for Plaintiff-Appellant.

Luis A. Santos , Todd Sidney Aidman , FordHarrison, LLP, Tampa, FL, Darren W. Ford , Graydon Head & Ritchey, LLP, FT Mitchell, KY, Michael A. Roberts , Robert Kenneth Wellington, II , Graydon Head & Ritchey, LLP, Cincinnati, OH, for Defendant-Appellee.

Before MARTIN, ROSENBAUM, and LUCK, Circuit Judges.

We've probably all read stories about a few fortunate food servers collecting incredibly generous tips.1 While that, of course, is not the norm,2 even the best servers with the most magnanimous customers cannot earn tips during the periods their employers require...

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