Catch a Wave by Blue Nami server tip pooling $150K class action settlement

Catch a Wave by Blue Nami agreed to pay $150,000 to resolve claims it forced its servers to improperly pool their tips.

The settlement benefits individuals who were employed by Catch a Wave by Blue Nami Inc. as a server in California between Sept. 18, 2011, and Feb. 9, 2020.

Catch a Wave is a restaurant by Blue Nami, a sushi restaurant in California. 

Catch a Wave came under fire by the California Department of Alcoholic Beverage Control (ABC) in January 2021 when the regulator suspended its ability to sell alcohol for 45 days. This was in connection with two employees selling alcohol to a minor who later died.

Catch a Wave hasn’t only faced pressure from alcohol authorities. 

In September 2015, a server at the restaurant filed a class action lawsuit alleging that Catch a Wave forces its workers to improperly pool their tips. As a result, servers are allegedly denied the tips they are owed.

California has some of the strictest labor laws in the country, and tip regulations are no exception. Under California law, tips and gratuities are considered “the sole property of the employee or employees to whom it was paid, given, or left for.” Although the law doesn’t entirely prohibit tip pooling, such policies must not benefit owners, managers or supervisors and must be fair and reasonable.

Catch a Wave’s tip-pooling policies allegedly miss the mark. The plaintiff in the most recent class action sought compensation for improperly pooled tips while he and other servers were working for Catch a Wave. 

Catch a Wave hasn’t admitted to any wrongdoing in the class action lawsuit. However, to avoid the risk and cost of continuing to a trial, the company agreed to pay $150,000 to resolve these allegations.

Under the terms of the settlement, class members can receive a payment from the net settlement fund of $83,000, the amount remaining after attorneys’ fees and other expenses are paid. 

Payments from this fund will vary depending on the number of shifts each claimant worked during the class period. Current and former servers who worked many shifts during the Class period will receive a higher payment than those who worked only a handful of shifts. 

Exact payment estimates are not available.

The deadline for exclusion and objection is Aug. 25, 2022. 

The final approval hearing for the tip-pooling settlement is scheduled for Sept. 14, 2022.

In order to receive a settlement payment, class members must submit a valid claim form by Aug. 25, 2022.

Who’s Eligible

The settlement benefits individuals who were employed by Catch a Wave by Blue Nami Inc. as a server in California between Sept. 18, 2011, and Feb. 9, 2020.

Potential Award

Varies

Proof of Purchase

No proof of purchase applicable

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

08/25/2022

Case Name

Victor S. Martinez III v. Catch a Wave by Blue Nami, Inc., Case No. 39-2015-00184485, in the Superior Court for the State of California, County of Sacramento

Final Hearing

09/14/2022

Settlement Website

CatchAWaveSettlement.com

Claims Administrator

ILYM Group, Inc.
P.O. Box 2031
Tustin, CA 92781
888-250-6810

Class Counsel

Mathew R Eason
Erin M Scharg
EASON & TAMBORINI ALC

Defense Counsel

William D Naeve
Heidi C Quan
MURCHISON & CUMMING LLP