Plaintiffs Granted Conditional Certification in P.F. Chang’s Case

On May 15, 2017, in the case of Black et al.  v.  P.F. Chang’s China Bistro, Inc., No. 16 Civ. 03968, Judge Robert M. Dow Jr. of the United States District Court for the Northern District of Illinois Eastern Division granted Plaintiffs’ motion for conditional certification of a collective action under the Fair Labor Standards Act (FLSA).

Plaintiffs originally commenced this action on April 1, 2016, on behalf of themselves and all similarly situated current and former tipped workers employed at P.F. Chang’s China Bistro locations in New York and Illinois. 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.

In its May 15, 2017 Order, the Court found that Plaintiffs were similarly situated with respect to their claims for unpaid minimum wages to allow Plaintiffs to issue notice to other tipped workers. As a result, all people who worked as a tipped worker(such as a server, busser, runner or bartender) in New York or Illinois within the last 3 years will receive notice of the lawsuit and have the opportunity to participate in the federal portion of the lawsuit. If you feel you may be affected by this lawsuit or have any questions please Fitapelli & Schaffer, LLP a call at (212) 300-0375. You may also view the order here.

Similarly, if you’ve worked for other restaurants, and feel you might be experiencing similar violations, you could benefit from a call with one of our employment lawyers. Please call our main number (212) 300-0375 for a free phone consultation or visit our website for more information