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that they performed more than a de some workers can make up the
minimus amount of work. The new difference in tips. But those work-
thing in the law now is to prove lia- ers must be paid the full minimum
bility, which was never there before.” wage, which is now $12 an hour, if
Hayber also said the governor, “by they do other things, such as stock
his own letter to leadership of the food and sweep floors.
General Assembly, has shown that The judge said in his ruling that
he sides more with the owner class “[b]ecause [Christopher] March-
than the working class.” and has met the burden set for him
In response to Hayber’s comments, in General Statute 31-68(a)(3), the
Gov. Ned Lamont’s spokesperson court will certify a class on the side
David Bednarz said late Wednesday: work claim. Marchand’s evidence
“The new law brings fairness and shows that during the relevant pe-
clarity to an area of the law that was Richard Hayber of Hayber riod Ruby Tuesday had a national
previously unclear. The governor McKenna & Dinsmore in policy of requiring employees to do
vetoed a prior version of legislation Hartford. Courtesy photo varying forms of side work without

that would not have accomplished either of those paying them what they were owed.” Marchand is
goals and worse would have retroactively deprived the substitute plaintiff for Sarah Chandler.
workers of their day in court.” The class covers about 200 former servers who
Bednarz continued: “He’s proud to have been the worked at the chain from May 2014 to October
one to stand up for workers with his veto and then 2015. Hayber said he’d be seeking about $1.2 mil-
negotiated with legislators and stakeholders to im- lion for the class.
prove upon an important area of the law.” Hayber said the matter is made complicated be-
Aresimowicz, who didn’t run for reelection and cause Ruby Tuesday is in Chapter 11 bankruptcy,
whose term ended earlier this month, pushed back meaning the judge’s ruling is stayed.
Wednesday on Hayber’s comments. “The next step is to liquidate Ruby Tuesday’s debt
“When we altered the current law, we tried to strike and we will ask the bankruptcy court in Delaware to
a level of fairness between the owners, management allow that to happen here in Connecticut. We will
and the employees of the restaurants. It’s unfortu- also file additional motions for final judgment and a
nate that Attorney Hayber feels that balance was not specific dollar amount [$1.2 million],” Hayber said.
struck, but I am still confident and comfortable with Thomas Durkin assisted Hayber.
the legislation we passed,” Aresimowicz said. Representing the restaurant were Anne LeVasseur
Hayber said employment attorneys will be pleased of Wilson, Elser, Moskowitz, Edelman & Dicker in
with Friday’s 13-page ruling that Superior Court Stamford and Melissa Siebert of Shook, Hardy &
Judge Thomas Moukawsher wrote allowing a class Bacon in Chicago. Neither attorney responded to a
certification against the restaurant chain to move request for comment Wednesday.
forward. According to court pleadings, the crux of the
“It means that employment lawyers should press restaurant chain’s argument was that the plaintiffs
forward with claims to bring similar class actions needed to have specific proof of inadequate pay for
and recover [for] their restaurant employees the each individual class member, which Ruby Tues-
wages that they earned that [were] illegally with- day’s said didn’t exist.
held,” Hayber said. ¦

In his ruling, the judge said the restaurant chain Robert Storace covers legal trends, lawsuits and
wasn’t paying its servers what they were owed. analysis for the Connecticut Law Tribune. Follow
Connecticut law permits restaurant chains to pay him on Twitter @RobertSCTLaw or reach him at
a $6.38 minimum wage for service duties, because 203-437-5950.

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