DEADLINE TO JOIN THE LAWSUIT IS AUGUST 21, 2023
NOTICE OF LAWSUIT FOR ALLEGEDLY UNPAID WAGES
All current and former servers and bartenders who worked for Flying S. Wings, Inc.; Flying Buffalo, Inc; and Chase & Green Corp. d/b/a Buffalo Wild Wings, (collectively “Defendants”) at any time during the past three years.
Notice of your right to join a collective action seeking to recover alleged unpaid minimum wages
YOU MAY BE ABLE TO MAKE A CLAIM AND JOIN THIS LAWSUIT IF WORKED AS A SERVER OR BARTENDER FOR DEFENDANTS IN THEIR BUFFALO WILD WINGS RESTAURANTS
This notice is intended to advise you of how your rights under the Fair Labor Standards Act (“FLSA”) and/or the Ohio Wage Act may be affected by this lawsuit and describe how to join this lawsuit, if you want to.
YOUR OPTIONS AND IMPORTANT DEADLINES
JOIN
Sign & Return the Consent Form by August 21, 2023
August 21, 2023
Deadline to return the opt-in consent form.
DO NOT JOIN
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. The decision to join is entirely yours.
YOUR RIGHT
Federal law prohibits Defendants or anyone from discriminating or retaliating against you for exercising your legal right to join this lawsuit or file a separate lawsuit. If you suspect any retaliation, you should contact the attorneys below immediately at (817) 479-9229 and ask to speak with Drew Herrmann or (614) 221-4221 and ask to speak with Bob DeRose, or you may call an attorney of your own choosing to file a separate lawsuit. Defendants seek to assure its employees that it respects any decision they make and commits to nonretaliation.
Why Am I Receiving This Notice?
You received this Notice because the Court in charge of this lawsuit approved this Notice to be sent to persons who are identified by Defendants’ records as a current or former servers in their Buffalo Wild Wings restaurants in Ohio and West Virginia and bartenders in Ohio who worked for Defendants in the past three years.
You are eligible to join this lawsuit if:
- You are (or were) employed by Defendants as a server, bartender, or both between November 11, 2018 to today; and
- You were paid a direct subminimum hourly wage and required to perform non-tipped job duties and side work (during your shift, during shift changes, and after your shift) or required to pay for mandatory uniform and other business-related items or expenses.
This notice is intended to advise you of how your rights under the Fair Labor Standards Act (“FLSA”) and/or the Ohio Wage Act may be affected by this lawsuit and describe how to join this lawsuit, if you want to.
What Is This Lawsuit About?
Plaintiff, Kayla Pender (“Pender”), filed this lawsuit individually and on behalf of other current and former servers and bartenders throughout Defendants’ Buffalo Wild Wings’s restaurants in Ohio and West Virginia, alleging that Buffalo Wild Wings unlawfully: (1) failed to provide the information required in order to take a tip credit; (2) required servers and bartenders to pay for business expenses, uniforms, and other items used by servers and bartenders to perform their job; (3) paid servers and bartenders at the subminimum hourly rate for the time spent performing unrelated non-tipped job duties, and (4) paid servers and bartenders at the subminimum hourly rate for the time spent performing related non-tipped (“side-work”) duties that exceeded 20% of the time worked in a shift. The lawsuit also seeks relief under the Ohio Wage Act for anyone who worked in Ohio.
In addition to unpaid wages, Plaintiff Pender is seeking liquidated damages (additional damages), attorneys’ fees, and costs.
Defendants deny Plaintiff Pender’s allegations and dispute liability arising from the allegations.
The Court has conditionally allowed or “certified” this collective action and authorized this notice, but the Court takes no position regarding the merits of the allegations or defenses and the Court has not ruled on the merits of the claims in this lawsuit.
How Do I Join This Lawsuit?
If you chose to join this lawsuit and make a claim for any alleged unpaid wages, you must return your completed and signed Consent Form to Plaintiff’s counsel (listed below), or you may retain your own attorney. You may return or submit your signed consent:
1) electronically by clicking the following
2) Email, fax, or mailing your signed Consent Form to the law firm listed below:
Herrmann Law, PLLC
801 Cherry St. Suite 2365
Fort Worth, TX 76102
Phone: (817) 479-9229
Fax: (817) 840-5102
Email: consents@herrmannlaw.com
IF YOU WISH TO JOIN IN THIS LAWSUIT, YOU MUST READ, SIGN, AND RETURN THE ATTACHED CONSENT TO JOIN FORM BY AUGUST 21, 2023.
What Happens if I Join This Lawsuit?
By timely submitting the Consent to Join Form you will be part of this case and agree to be represented by the law firms of Herrmann Law, PLLC and Barkan Meizlish DeRose Cox, LLP. Alternatively, you may contact and retain an attorney of your own choosing to file a separate lawsuit.
If you join this lawsuit, you will be bound by the judgment of the Court, whether it is favorable or unfavorable to the plaintiffs. If plaintiffs win or a settlement is reached, you may be entitled to a sum as part of the judgment or settlement. However, if plaintiffs lose, you will receive nothing. In no event will any server or bartender who joins this lawsuit owe any fees to the Plaintiff’s attorneys if no back wages are received or recovered. If you worked in Ohio, then your claims also seek relief under the Ohio Wage Act.
If you decide to join the lawsuit, you may be required to answer written discovery questions, produce records and documents relating to your claim, testify at a deposition, testify at trial, or any combination of the above.
Federal law prohibits Defendants or anyone from discriminating or retaliating against you for exercising your legal right to join this lawsuit or file a separate lawsuit. If you suspect any retaliation, you should contact the attorneys below immediately at (817) 479-9229 and ask to speak with Drew Herrmann or (614) 221-4221 and ask to speak with Bob DeRose, or you may call an attorney of your own choosing to file a separate lawsuit. Defendants seek to assure its employees that it respects any decision they make and commits to nonretaliation.
What Happens if I Do Not Join This 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. The decision to join is entirely yours.
If any money is awarded, you will not be entitled to money received as part of a judgment or settlement, and you will not be bound by the judgment in this lawsuit or by the terms of a settlement (if one is reached) whether favorable or unfavorable. If you do not join this lawsuit, your rights to sue Defendants separately at a future time, for the same or related claims, to the extent permitted by law will not be affected. However, if you choose not to join this lawsuit, the statute of limitations will continue to run on any wage claims you may have under federal or state law against Defendants. The legal time or deadline for you to file a claim continues to run until your consent to join is filed with the court or you file a separate lawsuit against Defendants.
How Do I Get More Information?
You may call the Plaintiff’s attorneys listed below to receive more information or with any questions you may have. You may also contact an attorney of your own choosing to file a separate lawsuit. You can also obtain more information about this case by accessing the court docket and Complaint.
Herrmann Law, PLLC
801 Cherry St. Suite 2365
Fort Worth, Texas 76102
(817) 479-9229 | Fax: (817) 840-5102
Drew N. Herrmann | Pamela G. Herrmann
drew@herrmannlaw.com | pamela@herrmannlaw.com
Bob DeRose
Barkan Meizlish DeRose Cox, LLP
4200 Regent Street, Suite 210
Columbus, OH 43219
Telephone: (614) 221-4221
Fax: (614) 744-2300
Email: bderose@barkanmeizlish.com