This lawsuit includes Capital Grille, Red Lobster, Olive Garden, Longhorn Steakhouse & more.
Have you been the victim of unfair labor practices while working for a Darden Restaurant?
Know Your Rights, You Have Options.Many of the almost 168,000 restaurant workers at The Darden Restaurant Group, the world’s largest restaurant group, earn wages below the minimum wage — with tipped minimum wages as low at $2.13 an hour and non-tipped wages as low as $7.25 an hour. In addition, many workers are not compensated for time that they work off-the-clock or are not paid appropriate overtime wages. This lawsuit provides Darden’s current and former servers the opportunity to join together and seek back wages owed to them for the time spent doing general maintenance or preparatory duties that they performed for less than minimum wage. Learn More>
From the FAQ:
1. What is this lawsuit about?
This case is about whether Darden failed to pay tipped employees such as servers the wages that they were entitled to under the Federal Fair Labor Standards Act. Plaintiffs allege that they were required by Darden to work off the clock, both before and after their assigned shifts. Plaintiffs also claim that Darden directed them and other servers to perform work that would not generate tips such as general maintenance and preparatory duties without paying proper wages for such work, and that Darden failed to pay appropriate overtime wages.
2. Who can be a part of this case?
People who were and/or are employed at the following Darden restaurants nationwide as a tipped employee (such as a server) at any time from August 2009 to the present: The Olive Garden, Red Lobster, Longhorn Steakhouse, and the Capital Grille. Even if you no longer work for Darden, you may still participate if you worked at one or more of these restaurants after August 2009.
3. Why should I participate in this lawsuit?
You may be owed back pay. Our lawsuit claims that Darden required tipped employees, such as servers, to do general maintenance and/or preparatory type work for which those employees did not earn tips and were not paid minimum wage. The goal of this lawsuit is to require Darden to pay its employees for all of the work they performed. You do not have to participate in this lawsuit. However, if you decide not to become a part of the case, you will not be able to share in any recovery that may be awarded.
4. Will it Cost me Anything to Participate in this Case?
No. There is no cost to you to be included in this lawsuit.
5. How do I join in this lawsuit?
All current or former servers at an Olive Garden, Red Lobster, Longhorn Steakhouse, or Capital Grille restaurant employed at any time from August 2009 to the present can participate in this case. To participate in this case, we ask that you complete an information form. At some time later in the case, the Court may require Darden to send out notices to other potential class members.
6. If I join in this action, what will happen?
At this time, it is impossible to precisely predict the final result of the lawsuit. However, if you decide to participate in this case and are part of the eligible group of employees , then you will receive a portion of any money judgment entered by the Court following a trial or following any settlement approved by the Court prior to trial, and you will be bound by the final judgment or settlement. By participating in this case, you designate the named Plaintiffs as your representatives and to make decisions on your behalf concerning the case and the method and manner of conducting the case (there may be additional named Plaintiffs as the case proceeds). These decisions and agreements made and entered into will be binding on you if you participate in this case. Additionally, it is a violation of federal law for Darden to terminate your employment or in any other manner discriminate or retaliate against you for taking part in this case or otherwise exercising your rights under the Fair Labor Standards Act. If you believe that Darden has retaliated against you in any way regarding this lawsuit, then you should contact Plaintiffs’ counsel immediately.
7. What if I do nothing?
You may file your own individual lawsuit subject to any defenses and applicable statute of limitations. If you do not join our lawsuit, you will not be entitled to share in any amounts that the class may receive as part of this case.
8. What might I receive?
Participants may receive money for unpaid wages or overtime, additional amounts of liquidated damages, and interest on their unpaid wages.
9. What is a collective action or class action lawsuit?
In a collective action or class action, “Class Representatives” sue on behalf of others who have similar claims. All of the people who have similar claims are the “Class” or are called “Class Members”. The Class Representatives and all the Class Members who decide to participate in the lawsuit are called Plaintiffs. Darden is the Defendant. The purpose of the class action lawsuit is to resolve the claims for all of the Class Members.
10. Who are the Class Representatives?
The current class representatives, Amanda Mathis and James Hamilton, are former servers at Longhorn Steakhouse and Olive Garden restaurants.
11. How long will the lawsuit last?
That depends on many factors. Collective Action cases can take several years to be completely resolved. We will move the case forward as quickly as possible.
12. What if Darden fires or demotes me if I join in the lawsuit?
It violates Federal law for Darden to retaliate against you for joining this lawsuit. If you think Darden has retaliated against you for participating in this lawsuit, please get in touch with Plaintiffs’ counsel.
13. Will Darden Find Out That I have Contacted You?
Your contacts with us are protected by the Attorney-Client Privilege and we will not voluntarily disclose them to Darden or its lawyers. Your responses on our Contact Form are secured and encrypted, just like a bank or credit card purchase online. If you become a Class Representative, your name will be disclosed to Darden’s attorneys. If you are a potential witness with important information for the lawsuit, and you agree to testify, we may disclose your name to Darden after getting your permission. Under no circumstances should Darden or its attorneys talk to you directly about your claims in this lawsuit. If they try to do so, please contact one of the law firms involved in this case.
14. Who are the lawyers representing the Class Members?
Several law firms are working together on this case. Click here for information and background of the lawyers and law firms involved in this lawsuit.
15. What if I have more questions?
Please contact Plaintiffs’ counsel and click here for their contact information.