Former Employees Sue Kellys Brew Pub
The former owners of Kellys Brew Pub have lost their legal challenge to have Albuquerque’s Minimum Wage Ordinance declared unconstitutional.
State District Court Judge Alan Malott ruled that the challenge to the 2012 law by Dennis and Janice Bonfantine wasn’t filed in a timely manner and that the couple’s argument that the entire ordinance didn’t have to be on the ballot when they went to voters for approval.
The May 30 ruling means that a lawsuit filed against the Bonfantines by several of their former employees can move forward. The lawsuit alleged that the Bonfantines acted illegally when they required employees to kick back $3 per hour from their tips to the business.
The ordinance increased the minimum wage for tipped employees to $5.16 an hour from $2.13 an hour.
After being sued by former employees, the Bonfantines argued that the minimum wage law was unconstitutional.
The city’s minimum wage for employees without benefits is $8.80 an hour.
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