NOTICE TO BONEFISH GRILL CULINARY MANAGERS AND FRONT OF HOUSE MANAGERS REGARDING UNPAID OVERTIME PAY CLAIMS
This is not a solicitation from a lawyer. This Notice was authorized by the Court.
Please read this notice if you were, or are, employed by Bonefish Grill as a Culinary Manager or Front of House Manager, at any time between May 11, 2019, and May 11, 2022. This Notice advises you of your right to join a lawsuit seeking overtime wages.
- Two individuals (called the “Plaintiffs”) sued Bonefish Grill, claiming they are owed overtime wages for all weeks from July 20, 2018, through the present in which they worked more than 40 hours a week. They are also seeking additional liquidated damages (that would double the amount owed) under the Fair Labor Standards Act (“FLSA”) and their reasonable attorneys’ fees and costs.
- The Plaintiffs claim their primary duties were similar to the duties of non-exempt hourly paid employees and were not primarily managerial in nature. Plaintiffs claim, despite having the title of “Front of House Manager” or “Culinary Manager,” what they did on the job did not meet the legal standard that permitted Bonefish Grill not to pay them overtime when they worked more than 40 hours in a week. Bonefish Grill denies the allegations and contend they properly compensated Front of House Managers and Culinary Managers as exempt employees under applicable law. The Court has not made any ruling on the merits of the Plaintiffs’ claims, and no party has prevailed in this action.
I. Why Did I Get This Notice?
The Court has decided that all Front of House Managers and Culinary Managers who worked for Bonefish Grill between May 11, 2019, and May 11, 2022, should receive this Notice informing them about this lawsuit claiming unpaid overtime and their right to join it by submitting a Consent to Join form.
II. How to Join the Lawsuit?
If you wish to join the lawsuit, you notify the Court of your intent to join the lawsuit, which you can do by signing and completing the enclosed Consent to Join form and mailing it to:
Bonefish Grill Unpaid Overtime Lawsuit
c/o Settlement Administrator
P.O. Box 26170
Santa Ana, CA 92799
You can also submit the Consent to Join form by e-mail to FOHKitchenManagerOT@simpluris.com by fax to (714) 824-8591, or through this website by clicking the “Submit Consent to Join” link above, or by filing it directly with the Court. The form must be postmarked on, or received before, October 21, 2022.
III. What Happens If I Join?
If you join the lawsuit, unless you specify otherwise, the lawyers listed below will represent you and work with you to try to obtain overtime wages and other damages you may be owed You will be bound by the Court’s judgment, whether it is favorable or unfavorable, on all issues including settlement. You may also be required to provide responses to written requests from Bonefish Grill, sit for a deposition, or appear at trial.
The attorneys representing the Plaintiffs are being paid on a contingency fee basis. If there is no recovery, you will not have to pay any attorneys’ fees and you will not owe the attorneys anything, although Bonefish Grill may seek to recover its costs (but not attorney fees) from Plaintiffs and individuals who opt-in to the lawsuit. If there is a recovery, the Plaintiffs’ attorneys will receive a part of any settlement obtained or money judgment entered in Plaintiffs’ favor as determined by the Court. If you prefer, you may be represented by your own counsel, at your own expense, or you may proceed without counsel.
The Plaintiffs’ counsel are:
Gregg I. Shavitz
Alan L. Quiles
Shavitz Law Group, P.A.
951 Yamato Road, Suite 285
Boca Raton, FL 33431
Seth R. Lesser
Christopher M. Timmel
Klafter & Lesser LLP
Two International Drive, Suite 350
Rye Brook, NY 10573
christopher.timmel@klafterlesser.com
Alternatively, you may represent yourself in this lawsuit or designate a separate attorney to represent you in this case at your own expense. You will be solely responsible for any attorneys’ fees or costs incurred by any attorney you so designate. Instructions for designating a separate attorney are set forth on the attached Consent to Join form.
IV. And If I Do Not Join?
If you do not join, you will not be bound by any judgement entered, or settlement approved, by the Court in this lawsuit. You will not be entitled to share in any amounts that might be recovered in this lawsuit, and you will retain the right to bring your own claims. You should be aware your time to bring FLSA claims is limited by a two or three-year statute of limitations.
V. If I am Still Employed by Bonefish Grill, Will My Participation Affect My Employment?
No. Federal law prohibits employers from firing, or in any way, retaliating against you because you have joined this lawsuit. However, participating in this lawsuit does not excuse you from complying with Bonefish Grill’s existing policies and work rules.
This Notice is not an expression by the Court of any opinion concerning the alleged claims. This Notice simply informs you of the pendency of this litigation and your right to join it.