According to a lawsuit filed by Wrona Law Firm, a number of All Resort Express drivers are claiming All Resort has been keeping a large percentage of their tips.
“It appears that when customers and businesses were paying with anything other than cash, for instance, if they were paying by way of credit card or some other way where the tip went through the company first, the company was keeping a fairly hefty percentage of that money. And it’s against the law to do that,” the firm’s managing attorney Joe Wrona said.
According to Wrona, this has been going on for years and while they only represent a portion of the drivers, he said their investigation has led them to conclude the company has been doing this to all the drivers.
“It appears that over time the company has attempted to use a variety of explanations to excuse their unlawful activity,” Wrona said. “They claimed it was a service fee as opposed to a tip. At times they tried to claim the drivers are not tipped employees. But the explanations are nonsense. It’s breaking the law and violating the rights of the drivers.”
One of the complaints, Wrona said, is that any time a driver has questioned the practice, rather than correcting itself, the company has threatened the drivers.
“So we filed the statute and we’re sticking up for the drivers,” Wrona said.
Scott Hagen of Ray, Quinney and Nebeker lawfirm, representing All Resort, said they have confidence in the judicial system and that All Resort believes it hasn’t violated any laws and intends to defend its interest.