This case was filed in September 2012. On March 4, 2013, the Court issued an order preventing Defendants from questioning the named plaintiffs in this case without first contacting plaintiff’s counsel. Plaintiffs filed their Second Amended Collective Action Complaint in April 2013. On July 12, 2013, the Court granted Plaintiffs’ Motion for Conditional Certification for a nationwide class of servers and bartenders employed at Olive Garden, Red Lobster, Longhorn Steakhouse, Bahama Breeze and Seasons 52 between September 6, 2009 and September 6, 2012 . That same day, the Court required Darden to remove language from forms it was handing out to Darden employees with checks for back pay “to avoid unfairly affecting the litigation.” On August 12, 2013, the Court approved a Notice and Consent forms to be sent to the 216,000 potential class members. Click here to view the order. The deadline for people to opt-in to the action ended on November 12, 2013. Over 19,000 current and former Darden servers and bartenders have joined this action.
On January 6, 2014, the Court issued its Amended Scheduling Order. Trial in this case is set to begin during the two week calendar period of December 8, 2014.