19,000 current and former Darden servers and bartenders ultimately joined this action. In September 2014, the Court decertified the class, which means that the case could not continue as a collective action and each employee had to pursue his/her claim individually. The Court also ordered the named plaintiffs to pursue their claims through arbitration.
More than 3,500 servers and bartenders who had opted into the litigation have decided to continue pursuing their claims by filing individual mediation and/or arbitration demands before the American Arbitration Association (“AAA”). Those demands, and those of the named plaintiffs, remain pending before the AAA. If you are one of the more than 3,500 people that has filed an arbitration demand, please click on the arbitration portal for more information.
The deadline for submitting any additional Statement of Claim forms with the American Arbitration Association has expired. As a result, any Claimant who submitted an original arbitration demand but who did not respond to our repeated emails, letters, phone calls and website updates, and who did not submit a Statement of Claim form have no further recourse through the AAA process against Darden. This means that if you are one of those people who filed an original demand but did not respond to our further attempts to contact you, you cannot submit a claim form through the AAA process. It is possible that you may be allowed to pursue your claims through other channels (if the claims are not barred by the statute of limitations), but our firms will not be able to represent you outside of this AAA process and cannot provide any advice to you in that regard.