The case of the 52-cent oyster plate surcharge has been put to bed.
A Hennepin County District Court judge has dismissed a lawsuit filed against the Blue Plate restaurant group over a three percent “employee wellness surcharge” on a customer’s bill.
Christopher Ashbach, a self-described social media influencer, had sued the company in Nov. 2019 over a 52-cent charge he discovered after ordering $17 in coffee and oysters at the Freehouse restaurant in the Minneapolis North Loop.
Ashbach, of Arden Hills, accused the restaurant group of deceptive trade practices, theft, fraud and unjust enrichment and sought to have the claim certified as a class action lawsuit.
He said the three percent charge was not advertised in an obvious way and it was unclear if it would truly benefit all employees or mostly company executives. It was also unclear if it was mandatory.
The company, which owns the Groveland Tap, the Longfellow Grill, the Highland Grill, the Edina Grill, the Lowry and other establishments, has said the fees are not optional and are used to cover the increased costs of employee health and wellness.
That includes Blue Plate’s 401(k) match, five different health insurance options, dental insurance, vision insurance, an employee assistance program, health savings accounts, accident insurance, short-term disability and paid time off.
Ashbach contended, however, that not all benefits are extended to part-time employees.
In a ruling issued July 7, Judge Laurie Miller found that Blue Plate and the Freehouse had dutifully disclosed the wellness surcharge on the full menu and on the plaintiff’s bill, though not necessarily on the special menu insert where Ashbach had found the chef’s special oyster plate advertised.
“The charge was not hidden; according to plaintiff’s complaint it was openly set out and labelled for him to see,” Miller wrote.
Miller left the door open at the time to a possible new claim within 20 days. The defendant and plaintiff later agreed to a full dismissal, with both parties waiving the right to appeal or seek attorney’s fees. Miller finalized the dismissal on July 27.
Ashbach was represented by attorneys with the Minneapolis-based Spencer Fane group. The restaurant company was represented by Joseph Windler and Kyle Kroll of the Minneapolis-based law firm Winthrop and Weinstine.
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August 01, 2020 at 05:29AM
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Lawsuit over Blue Plate’s employee wellness surcharge dismissed - TwinCities.com-Pioneer Press
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