Firebirds Restaurant Server Unpaid Wages Class Action Settlement

A $2.5 million settlement has been reached to resolve claims that Firebirds Restaurants failed to pay their servers a legal wage.

The settlement will benefit individuals who worked as a server at a Firebirds restaurant between May 12, 2014 and Jan. 3, 2019. An estimated 7,050 servers are included in this settlement Class.

Plaintiff Josh Nolen filed his class action lawsuit in 2017, claiming that he and other Firebirds’ servers were denied wages that align with the federal Fair Labor Standards Act (FLSA).

According to the Firebirds class action lawsuit, the restaurant exploits FLSA tip credit provisions which allow businesses to pay their workers below minimum wage if they are also paid tips.

Nolen says he spent more than 20 percent of his time performing non-tipped duties such as making coffee, cleaning counters, cleaning beverage machines, and more. He argued that this time entitled him to minimum wage.

Firebirds Restaurants does not admit any wrongdoing by settling the class action lawsuit against them. Instead, the settlement provides resolution for both parties while also avoiding the potential costs of continued litigation.

As Class representative, Nolen and the other named plaintiff Maggie Brooks will each receive $15,000 service awards. Class counsel can ask for up to one third of the settlement fund.

The settlement will provide cash payment for Class Members who file a valid claim by April 6, 2019. Each claimant’s payout will vary depending on the amount of time they spent working for Firebirds Restaurants and their state’s tip credit minimum wage.

Class Members who file a claim will receive 100 percent of their pro rata share of the settlement fund. Those who do not submit a Claim Form but do not opt out of the Firebirds settlement will receive 50 percent of their pro rata share.

The deadline for opting out or objecting to the settlement is April 6, 2019. The final approval hearing is scheduled for May 15, 2019.

Who’s Eligible

Individuals who worked as a server at a Firebirds restaurant between May 12, 2014 and Jan. 3, 2019.

Potential Award

Varies depending on an individual’s length of employment and tip credit minimum wage determined by the state.

Class Members who submit a valid Claim Form will receive 100 percent of his/her pro rata share of the settlement fund. Class Members who do not file a Claim Form and do not opt out of the settlement will receive the greater of $100 or 50 percent of his/her pro rata share of the settlement fund.

The pro rata share will be calculated for each Class Member by “multiplying the Net Settlement Fund by a fraction, the numerator of which is the number of workweeks worked multiplied by the relevant state tip credit rate (i.e. the difference between the applicable minimum wage and the minimum hourly cash wage for tipped employees under applicable state law), by such Class Member as a server during the period from May 12, 2014 through the date of entry of the Preliminary Approval Order and the denominator of which shall be the total of all Class Member’s workweeks multiplied by the relevant state’s tip credit rate.”

Proof of Purchase

N/A

Claim Form

CLICK HERE TO FILE A CLAIM »

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

4/6/2019

Case Name

Nolen v. Firebirds of Overland Park LLC, et al., Case No. 2:17-­cv­-02237, in the U.S. District Court for the District of Kansas

Final Hearing

5/15/2019

Settlement Website

FirebirdsClassAction.com

Claims Administrator

Firebirds Class Action Settlement
c/o Analytics LLC
P.O. Box 2005
Chanhassen MN 55317-2005
855-326-4810
info@FirebirdsClassAction.com

Class Counsel

Michael Hodgson
THE HODGSON LAW FIRM LLC

Phillip Murphy II
LAW OFFICE OF PHILLIP MURPHY II

Defense Counsel

Jonathan L. Sulds
Justin F. Keith
GREENBERG TRAURIG LLP

Katharine K. Sangha
Robert J. Hingula
POLSINELLI PC