Darden Restaurants Class Action

Trief & Olk served as one of the lead plaintiffs’ attorneys in a collective action against the world’s largest full-service restaurant group, Darden Restaurants. Darden’s chains include Red Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, and Seasons 52.  The lawsuit alleged that Darden violated the Fair Labor Standards Act (FLSA) by underpaying thousands of servers and bartenders across the country.  These violations included off-the-clock work, inappropriate use of tip credit wages, and unpaid overtime. For additional information, please visit DardenLawsuit.com.

All current or former servers at an Olive Garden, Red Lobster, Longhorn Steakhouse, Bahama Breeze, or Seasons 52 restaurants employed at any time from August 2009 to the present can learn about the resources and legal options available to them and participate in this case.

Specifically, plaintiffs alleged that they were required by Darden to work off-the-clock, both before and after their assigned shifts.  Plaintiffs also claimed that Darden directed them and other servers to perform work that would not generate tips such as general maintenance and preparatory duties (side work) without paying proper wages for such work, and that Darden failed to pay appropriate overtime wages.

Case Developments:

This case was filed in September 2012. On March 4, 2013, the Court issued an order preventing Defendants from questioning the named plaintiffs in this case without first contacting plaintiff’s counsel.  Plaintiffs filed their Second Amended Collective Action Complaint in April 2013.  On July 12, 2013, the Court granted Plaintiffs’ Motion for Conditional Certification for a nationwide class of servers and bartenders employed at Olive Garden, Red Lobster, Longhorn Steakhouse, Bahama Breeze and Seasons 52 between September 6, 2009 and September 6, 2012 . That same day, the Court required Darden to remove language from forms it was handing out to Darden employees with checks for back pay “to avoid unfairly affecting the litigation.”

In September 2014 the Court decertified the class.  The Court stayed the case as to the 50 named plaintiffs and directed them to arbitration.  The claims of those named plaintiffs are now pending before the American Arbitration Association (“AAA”).  In addition, more than 3,500 servers and bartenders decided to pursue their claims before the AAA and individual demands for arbitration were filed in the latter part of 2014 for each one of them.

To participate in this case visit DardenLawsuit.com.

View media coverage regarding the Darden Restaurants Class Action Law Suit:

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Prior results do not guarantee a similar outcome.