On April 1, 2016, Fitapelli & Schaffer, LLP, along with Werman Salas P.C., filed a class and collective action lawsuit against P.F. Chang’s China Bistro Inc., owner and operator of the famous P.F. Chang’s restaurant chain. The lawsuit alleged that P.F. Chang’s failed to pay tipped employees the proper minimum and overtime wages to which they were entitled. On November 28, 2016, the law firms asked the Court for Step-One Certification under the Fair Labor Standards Act (“FLSA”), which would send notice of the lawsuit to all other tipped employees who have worked for P.F. Chang’s in Illinois and New York within the last 3 years. This notice will inform tipped employees of the lawsuit, and will also give tipped employees an opportunity to join the lawsuit.
Tipped employees covered by this lawsuit are those who have worked at the following P.F. Chang’s locations within the last 3 years:
- 530 N. Wabash Avenue, Chicago, Illinois 60611
- 2361 Fountain Square Drive, Lombard, Illinois 60148
- 1819 Lake Cook Road, Northbrook, Illinois 60062
- 14135 La Grange Road, Orland Park, Illinois 60462
- 5 Woodfield Mall, Schaumburg, Illinois 60173
- 131 Colonie Center, Albany, New York 12205
- 1 Galleria Drive, Buffalo, New York 14225
- 160 Walt Whitman Road, Huntington Station, New York 11746
- 476 Smith Haven Mall, Lake Grove, New York 11755
- 1125 Fashion Drive, Nanuet, New York 10954
- 306 Hiawatha Boulevard West, Syracuse, New York 13204
- 820 Eastview Mall, Victor, New York 14564
- 1504 Old Country Road, Westbury, New York 11590
- 125 Westchester Avenue, White Plains, New York 10601
Allegations in the lawsuit include claims that P.F. Chang’s violated federal and state minimum wage laws by requiring tipped employees to perform an excessive amount of non-tipped “side work,” requiring tipped employees to perform work “off the clock,” usually at the beginning and end of their shifts and requiring tipped employees to share their tips with “Quality Assurance” personnel who performed expeditor work and should not have received tips.
If you feel you may be affected by this lawsuit or have any questions please give Fitapelli & Schaffer, LLP a call at (212) 300-0375 or visit our website fslawfirm.com for more information. You may also view the complaint here.