DEADLINE TO JOIN THE LAWSUIT IS JANUARY 21, 2020
IMPORTANT NOTICE TO CURRENT AND FORMER SERVERS OF
THE RIDGE GREAT STEAKS & SEAFOOD
This notice has been authorized by the Honorable Richard W. Story, United States District Judge.
The court expresses no opinion regarding the merits of the parties’ claims or defenses. Please do not contact the Court regarding this notice.
Please Read this Notice Carefully as it Impacts Your Legal Rights Related to and Resulting from Your Employment with The Ridge.
IF YOU WORKED FOR THE RIDGE GREAT STEAKS & SEAFOOD DURING THE PAST THREE (3) YEARS AND WERE PAID A SUB-MINIMUM DIRECT WAGE, YOU MAY BE ENTITLED TO JOIN A LAWSUIT.
The purpose of this Notice is to inform you of the existence of a collective action in which you may be able to join, to advise you of your rights and how they may be affected by this lawsuit, and to instruct you on the procedure for joining and participating in this lawsuit, if you wish to join. The case is Jeanne Weinstein v. 440 Corp. d/b/a/ The Ridge Great Steaks & Seafood and Stephen Campbell, No. 2:19-cv-00105-RWS, in the Northern District of Georgia.
Jeanne Weinstein filed a lawsuit against The Ridge Great Steaks & Seafood and Stephen Campbell under the Fair Labor Standards Act (FLSA) contending that current and former tipped employees are owed unpaid wages and withheld tips because The Ridge required its tipped employees to contribute tips to a tip pool, from which it retained a portion for itself, and, as a result, the employees failed to retain and receive all of their tips.
The Defendants deny the allegations. It is their position that they lawfully and properly maintained a tip pool and did not violate the FLSA or any other federal or state laws. The Defendants also claim that they have acted in good faith at all times.
YOUR OPTIONS AND IMPORTANT DEADLINES
Sign & Return the Consent Form by January 21, 2020
January 21, 2020
Deadline to return the opt-in consent form.
By doing nothing, you are choosing not to participate in this lawsuit and you will not be part of this case or be represented by Plaintiff’s counsel.
Your employer may not retaliate against you for joining the lawsuit.
Why Are You Getting this Notice?
The Ridge’s records indicate that you may be a current or former tipped employee who worked at The Ridge Great Steaks & Seafood in Cumming, Georgia and are or were paid a sub-minimum direct wage during the last three (3) years. If that is correct, you may be eligible to join this lawsuit.
You may be eligible to join this lawsuit if you:
- Are a current or former server who worked for The Ridge during the past three years;
- Received a sub-minimum direct wage; and
- Contributed tips to a tip pool
You may be eligible to join this lawsuit regardless of any document you signed or any agreements between you and The Ridge relating to your pay or employment at issue. Under federal law, you may not waive your right to recover your unpaid wages under the FLSA, unless the agreement was approved by the Department of Labor or a Court. Signing any statement denying that you are owed additional compensation or signing a severance agreement to release any claim(s) that you may have for unpaid wages under the FLSA does not affect your legal right to join this lawsuit.
What Are Your Options?
OPTION 1: JOIN LAWSUIT
SIGN & RETURN THE CONSENT FORM BY JANUARY 21, 2020.
Join the lawsuit: If you choose to join this lawsuit, you may return your completed and signed consent form to Plaintiff’s counsel by:
1) Submitting your consent electronically by clicking the following link:
2) Email, fax, or mail your signed Consent Form to the attorneys listed below on or before January 21, 2020:
Herrmann Law, PLLC
801 Cherry, St., Suite 2365
Fort Worth, Texas 76102
Fax: (817) 887-1878
Effects of Joining the lawsuit: By timely submitting a Consent Form you will be part of this case and agree to be represented by Plaintiff’s counsel.
- If the Representative Plaintiff is successful in recovering a money judgment or settlement, you will also be bound by any such judgment or settlement and will share in the amount recovered by the Representative Plaintiff.
- The Representative Plaintiff’s attorneys will represent you on a contingent fee basis. This means that if there is no recovery, you will not have to pay any attorney’s fees and you will not owe the Representative Plaintiff’s attorneys anything. If there is a settlement or money judgment entered in Plaintiffs’ favor, these attorneys will receive a part of that recovery as their attorney’s fee, and their fee will have to be approved by the Court. No matter the outcome of the lawsuit, you will not have to pay the Representative Plaintiff’s attorneys anything out of your own pocket.
- While this lawsuit is proceeding, you may, among other things, be required to provide information or participate. You may or may not be required to provide records, answer written questions, testify under oath, or any combination of the above.
Federal law prohibits The Ridge or anyone else from discriminating, retaliating, or mistreating you in any way for choosing to join this lawsuit. This means that you cannot be fired, demoted, or have your pay cut because you “opt-in” or have in any other way exercised your rights to join in this lawsuit.
OPTION 2: DO NOTHING
Do not join the lawsuit: By doing nothing, you are choosing not to participate in this lawsuit and you will not be part of this case or be represented by Plaintiff’s counsel. You can file your own separate claim. However, the legal time or deadline to file a claim is running.
Effects of Not Joining the lawsuit:
- You will not be entitled to money received as part of a judgment or settlement, if any money is awarded.
- You will not be bound by the judgment in this lawsuit or by the terms of a settlement for these claims (whether favorable or unfavorable).
How Can You Get More Information?
Please do not contact the Court directly; instead, you may contact the counsel listed below with any questions.
|DREW N. HERRMANN
HERRMANN LAW, PLLC
801 CHERRY ST., SUITE 2365
FORT WORTH, TEXAS 76102
PHONE: (817) 479-9229
|C. ANDREW HEAD
HEAD LAW FIRM, LLC
4422 N RAVENSWOOD AVE
CHICAGO, IL 60640
PHONE: (404) 924-4151