The Court has issued an Order granting Defendants’ Motion to Decertify Collective Action, which is available under the Court Documents menu.
Since decertification, the Plaintiffs’ law firms have begun filing individual arbitration demands against Darden with the American Arbitration Association on behalf of Opt-In Plaintiffs who wish to continue to pursue their claims against Darden. To become a part of the process, if you are one of the nearly 20,000 Opt-In Plaintiffs in this case, you must respond to the email and/or letter you received from Plaintiffs’ counsel and express your desire to participate in the mediation and/or arbitration process. There are a relatively small number of Opt-In Plaintiffs whose claims we will be unable to pursue further, and we have contacted those people.
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.