Oct. 2--Waitstaff at Luby's restaurants around Texas may have a chance to collect one big ol' tip if a federal class action case succeeds.

U.S. District Judge Samuel Kent on Wednesday denied a request from the restaurant that a 2007 lawsuit over tip sharing be dropped. Kent also conditionally approved that the lawsuit be a class action for the waiters and waitresses at Luby's.

Bob Debes, a Houston attorney representing 10 waitstaff workers from around the state, said if they win the lawsuit, his clients could potentially collect, on a sliding scale, up to $4.42 an hour for each hour they worked in the last two to three years. The amount will depend in part on the prevailing minimum wage.

The lawsuit is over mandatory tip sharing between the waitstaff -- the folks who ask diners if they need such things as more tea or dessert -- and the service attendants who clean off dishes after the waitstaff removes them from the tables.

Key to the lawsuit will be the definition of duties and how much the service attendants are like busboys, who can legally share in tips.

If the judge or a jury decides they are more like kitchen staff, who can't share in tips, the waitstaff could have a big payday.

The next step is for Luby's to provide a list of waiters and waitresses who have worked at Luby's restaurants in Texas in the past few years.

Those people will be contacted and can join the federal wage lawsuit if they wish, Debes said.

Terrence Robinson, lawyer for Luby's, said the tips were properly shared. "This suit attempts to create something out of nothing. These guys are bussers, and the tips were properly divided," Robinson said.

mary.flood@chron.com

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