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This settlement is closed!
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Bloomin’ Brands Inc., the parent company of Outback Steakhouse, has agreed to a $3 million class action settlement over allegations it failed to pay its employees for all of the time they worked, in violation of the Fair Labor Standards Act (FLSA).
Plaintiff Brooke Cardoza filed the Outback Steakhouse class action lawsuit in October 2013. She claims that employees of the steakhouse were required to perform work prior to the start or after the end of their work shift, but that they were not allowed to clock in or out to account for the extra time worked outside of the scheduled shift.
The Outback Steakhouse class action lawsuit states that employees were sometimes required to complete mandatory training sessions online but were not compensated for this time. In addition, some employees worked promotional events or attended company meetings without pay.
Outback Steakhouse employees were also not paid overtime wages when they worked more than 40 hours in a week, according to the wage and hour class action lawsuit.
Bloomin’ Brands denies any wrongdoing and maintains that it paid its hourly employees properly under the terms of the FLSA’s minimum wage and overtime provisions. However, the company agreed to settle the unpaid overtime class action lawsuit to avoid the expense and uncertainty of ongoing litigation.
The Outback Steakhouse class action settlement was preliminarily approved on April 11, 2016.
Who’s Eligible
Class Members of the Outback Steakhouse settlement include current and former hourly employees of Bloomin’ Brands Inc., OSI Restaurant Partners LLC, Outback Steakhouse of Florida LLC and OS Restaurant Services LLC who are or were employed at an Outback Steakhouse in the following locations during the relevant time periods indicated below.
Illinois: Dec. 24, 2003 – April 11, 2016
New York: Dec. 24, 2007 – April 11, 2016
Maryland: Dec. 24, 2010 – April 11, 2016
Ohio: Dec. 24, 2011 – April 11, 2016
North Carolina: Dec. 24, 2011 – April 11, 2016
Massachusetts: Sept. 15, 2012 – April 11, 2016
South Carolina: Sept. 15, 2012 – April 11, 2016
Other States: April 13, 2013 – April 11, 2016
Potential Award
Varies. Class Members are entitled to a pro rata share of the settlement fund based on the number of hours worked during the applicable Class Period.
Proof of Purchase
N/A
Claim Form Deadline
9/6/2016
NOTE: Class Members who previously filed a consent to join this Outback Steakhouse class action lawsuit do not need to file a Claim Form in order to receive a payment.
Case Name
Brooke Cardoza v. Bloomin’ Brands Inc., et al., Case No. 2:13-cv-01820-JAD-NJK, in the U.S. District Court for the District of Nevada
Final Hearing
11/4/2016
UPDATE: On November 15, 2016, the court granted the Outback Wage & Hour settlement final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
Settlement Website
Claims Administrator
Outback Steakhouse/Bloomin’ Brands
Claims Administrator
c/o Rust Consulting Inc. – 5125
P.O. Box 2516
Faribault, MN 55021-9516
1-866-783-5879
Class Counsel
WOLF RIFKIN SHAPIRO SCHULMAN & RABKIN LLP
SOMMERS SCHWARTS PC
JOHNSON BECKER PLLC
LEVIN PAPANTONIO THOMAS MITCHELL RAFFERTY & PROCTOR
Defense Counsel
Jesse A. Cripps
GIBSON DUNN & CRUTCHER LLP
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52 thoughts onOutback Steakhouse Wage & Hour Class Action Settlement
Money well earned. Check arrived today 11 dollars.
so glad the lawyers got 1.5 mill I just got my check. $95. for all the countless hours spent taking online courses and writing the FOH schedule. wonder how much Miss Brooke got.
Yup. $58 for 15 years of hw, admin, closing, opening, classes … I’m not happy.
Got my check today. $41. True story
people said about a week ago they got checks n email rewards nothing on here or tca facebook so idk people say their lying
They are.
They are what? Sending out checks? How do you know? Thank you. Just curious cause im tired of checking the mailbox. Sure wish all my bills delayed as much.
About receiving checks. They have a number you can call and they’ve said numerous times checks will be mailed on the 23rd. But anyone can go on the website and give those people a call
I’ve got a better idea! Instead of letting you know when we receive our checks, why don’t we all post a comment every day we DO NOT receive it?!? I’ll start…
I have not receive my settlement check as of today, December 19th 2016!
I’ll let you know tomorrow if this status has changed!
Unfortunately, we do not have anything new to report on the Outback Steakhouse lawsuit. The settlement received final approval on November 15, 2016 and there were not any appeals filed, which made the settlement Effective on or about December 16, 2016. No word on when claims will be paid. But, other settlements usually pay out anywhere from 60 – 180 days after the Effective date. Settlements do not pay out before this date, because that is still during the appeals period. Hopefully checks will be issued soon, and we’ll have viewers sharing good news!
Where is an update on the status of this suit?!? Why is there no information being updated?! Also 3 million minus lawyer fees divided by approx. 135,000 class member will be less than $10 payout?! What’s with the false information about a $5,000 payout? Does anyone really know what’s going on? I have not gotten a straight answer from any source and I’m starting to feel like I’m in a losing battle! I was fired from this company during this time. A company I loved working for. I was diagnosed with epilepsy during my employment and they had the nerve to fight me stating that I quit! The company as a whole has great employees, but those with the power to hire, fire, force to remain working off the clock, NEVER allow a break (even during 14 straight days in a row, at around 10 to 16 hour days) and on top of that refused to pay overtime even when it was clearly deserved! I hate that I’m in this battle with them as I still have friends working their butts off for money hungry, vacation taking, hourly abusing… well let’s just say TERRIBLE management! Someone please quit jerking us around, we are/were the backbone of this business! Treat people right, appreciate their effort and you wold not be seen as greedy selfish people, as well as not be in the current lawsuit. We all know that your upper management is aware of the kind of people selected to run these stores, you were selected to make themoney more money. There is a right way and a wrong way to do this, unfortunately I (and several like me) were under people running their storesite the wrong way!
I apologize for the long post but I’m sick of being ignored and this message will be emailed to hopefully keep this action in motion! We only want what is right andirection nothing more. Honestly I feel in my situation I deserve much more than what’s being offered, but I’m not a vengeful person and really want this to be over.
Someone please be a decent human and give an honest answer! Quit dragging your feet and do what is right!
I signed and sent my letter from the settlement and mailed it back. Today, December 12 I called the number and they told me they never received it and there is nothing I can do at this point. Such a bunch of crap. 424-666-9732
I see they have settled. …what is the next step
UPDATE: On November 15, 2016, the court granted the Outback Wage & Hour settlement final approval. Let Top Class Actions know when you receive a check in the comments section below or on our Facebook page.
This seems like good news, but there is absolutely nothing to substantiate this!
I could say, let me know when your birthday card arrives! But if ithe has never been sent, you’re providing false hope.
Can you honestly say that they have began issuing checks? I’ve been checking my mail daily in hopes of a miracle, but I’m beginning to feel that you are jerking us around. Can someone please provide an honest answer to the question: Have checks began to be issued? If so, in what amount should we be expecting to receive?
Also, when does the second portion of the settlement expect to be granted approval? And how exactly will those calculations be made? I clocked 40 hours a week during my employment, actually worked closers to 50 a week, and not to mention not once was given an official break. The only time I was able to escape the heat of the line was to ask if I could help the bus boys take the trashes out! Will they be paying a calculated amount for the total hours worked within this time frame? Or only the alleged hours we were unpaid for?
I guess I’m just passed that therected has been such a lack in keeping us informed of what is really going on. Ones the lawyers get their cut, which I’m greatfull for their efforts and do deserve to be reimbursed and rewarded, just give an update! We’re sitting in the dark with the latest news to ‘let you know when we receive our check!’ I don’t believe we are at that point or there would have been updates up to this point. Nothing followed by nothing doesn’t make sense to equal let you know when blah blah… I think this is just a distraction to buy yourselves more time to muster up another excuse, delay or refute your previous statements. I’m sorry if I come off as being upset, but I’m sure I’m not alone in this feeling of “WTF is going on”?
What TCA has stated is that the settlement received final approval, which is court documented. We understand that you are frustrated and recommend you contact either the settlement administrator or class counsel with your concerns. Unfortunately, settlements can take several weeks or even months to pay out, even after the settlement becomes Effective.
any updates since final hearing? I talk to someone and she told me checks should be here around mid-December
There are still a few days in which appeals can be filed. The good news is, there have not been any appeals filed at this time. Hopefully once the appeals period expires, check distribution will take place sooner than later. Please let us know if you receive your check!