Top Class Actions  |  June 16, 2021

Category: Closed Class Actions

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This settlement is closed!

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A female restaurant server carries three plates of food - amy ruth's restaurant
(Photo Credit: MNStudio/Shutterstock)

Amy Ruth’s Restaurant in New York has agreed to a $1.5 million class action settlement benefiting certain hourly employees who claim they were not properly paid.

Two Classes have been established:

  • The NYLL Class includes all hourly, non-exempt employees of Amy Ruth’s between Feb. 21, 2013, and Nov. 15, 2019. 
  • The FLSA Collective includes all hourly, non-exempt employees of Amy Ruth’s between Feb. 21, 2016, and Nov. 15, 2019.

Plaintiffs in a class action lawsuit accused Amy Ruth’s Restaurant of violating the federal Fair Labor Standards Act (FLSA), as well as New York labor laws, by allegedly failing to pay these employees all the appropriate wages and failing to maintain accurate employment records, among other things.

Amy Ruth’s denies these accusations but has agreed to a settlement in the case.

This case is both a class action and a collective action.

Class actions are cases in which the claims and rights of many people are decided in a single proceeding. 

Collective actions are lawsuits pursuant to the FLSA, in which individuals may seek relief jointly for alleged violations of the FLSA.

Those affected by the settlement are entitled to receive up to two payments.

Each person will receive a share of the settlement fund after attorney’s fees and other costs are established.

This share will be determined using the number of pay periods the Class Member worked for Amy Ruth’s Restaurant divided by the total number of pay periods worked by all plaintiffs identified by Amy Ruth’s between Feb. 21, 2013, and Nov. 21, 2019.

Class Members do not need to take any action in order to receive a Settlement Class payment.

In order to receive a Collective payment, however, individuals must submit the claim form included with their notice package or submit a claim online.

Payments to all Class and Collective Members are contingent upon final approval by the Court.

A fairness hearing in the Amy Ruth’s Restaurant settlement will take place Aug. 18, 2021.

Those who wish to object to or exclude themselves from the settlement must do so by July 12, 2021.

Claims must be submitted no later than July 12, 2021.

Who’s Eligible

Two Classes have been established:

  • The NYLL Class includes all hourly, non-exempt employees of Amy Ruth’s between Feb. 21, 2013, and Nov. 15, 2019. 
  • The FLSA Collective includes all hourly, non-exempt employees of Amy Ruth’s between Feb. 21, 2016, and Nov. 15, 2019.
Potential Award

Varies.

Each person will receive a share of the settlement fund after attorney’s fees and other costs are established.

Proof of Purchase

No proof of purchase is needed.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

07/12/2021

Case Name

Qwame T., et al. v. Mekruth Inc. d/b/a Amy Ruth’s Restaurant, et al., Case No. 19-cv-01566-AJN in the U.S. District Court for the Southern District of New York

Final Hearing

08/18/2021

Claims Administrator

Amy Ruth’s Settlement Administrator
P.O. Box 10269
Tallahassee, FL 32302-2269
844-329-0035

Class Counsel

Robert Ottinger
THE OTTINGER FIRM PC

Defense Counsel

Ruth B. Kraft
VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER LLP

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One thought on Amy Ruth’s Restaurant Wages $1.5M Class Action Settlement

  1. Shirley H says:

    Do anybody if settlement going payout.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.