On June 13, 2014, the Court issued its most recent Scheduling Order. Pursuant to the Order, Darden Restaurants Inc. and affiliated entities (the “Defendants”) are to file a motion seeking to decertify this collective action on June 27, 2014, which Plaintiffs will oppose on July 23, 2014. Once the Court rules on Defendants’ motion to decertify, we will update all class members of the result.
Discovery between the parties is currently ongoing. Trial in this case is set for the week of February 2, 2015 or February 9, 2015.
Labor rights defended.
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.
Who is Darden?
Darden Restaurants Include
Plaintiffs allege that:
1. They were required by Darden to work off-the-clock without pay, both before and after their assigned shifts.
2. Darden directed them and other servers to perform work that would not generate tips, without paying proper wages for such work.
3. Darden failed to pay appropriate overtime wages.
The Class Action Suit
This lawsuit claims that Darden Restaurants Inc. and its related companies failed to pay proper wages or overtime pay to its tipped employees, such as servers, as required under the federal Fair Labor Standards Act.