Dave & Buster’s Agrees to $2.1 Million Wage and Hour Settlement

Popular arcade restaurant chain Dave & Buster’s is facing a potential wage and hour class action lawsuit from a class of servers who allege the chain denied them breaks and did not pay minimum wage.

The servers have recently asked a federal judge to approve a $2.1 million settlement, stating the deal was “fair and reasonable.”

Under the terms of the deal, a net settlement of $1.3 million would be distributed to 2,350 current and former Dave & Buster’s employees based on the number of weeks each class member worked during the class period.

At least 55% of the settlement is going to participating class member, regardless of the amount of wage and hour claims submitted.

According to the preliminary approval motion, the proposed settlement would resolve the allegations of denied overtime pay, denied minimum wage rates, failing to pay for off the clock work, and denied rest and meal breaks.

The servers further allege that these practices are in direct violation of federal and California state labor laws, with the settlement resulting in a net recovery average of $560.

“An objective evaluation of the settlement confirms that the relief negotiated on the class’ behalf is fair, reasonable and valuable,” the servers said.

The law firm representing the servers is expected to receive $700,000 in legal fees under the proposed settlement, with an extra $25,000 in other litigation costs.

In addition approximately $40,000 is administration costs, $7,500 going to the California Labor and Workforce Development Agency, and $10,000 will be paid to plaintiff Cherish Nunnally for her work on behalf of the wage and & hour class action lawsuit.

Overview of Wage and Hour Violations

Like the other class members, Nunnally worked as a server for Dave & Buster’s from March 2011 to July 2012, and had filed a wage and hour complaint in the San Francisco County Superior Court in August 2013.

Nunnally alleged the chain had violated California labor laws, by denying overtime pay, failing to pay minimum wage, and denying rest breaks.

In addition, Nunnally alleged the restaurant chain failed to pay terminated employees all the wages due at the time of termination, failed to provide accurate and itemized wage statements, and did not reimburse employees for any business related expenses.

The wage and hour class is deigned as all individuals who were employed at California Dave & Buster’s restaurants as servers between Aug. 2, 2009 and the date of the preliminary approval of the deal.

This wage and hour case was initially transferred to Orange County Superior Court in January 2014 and was later moved to California Central District.

The proposed wage and hour class action lawsuit emphasized the merit in each of the claims, and acknowledged the significant challenges that come with continued litigation. Therefore the proposed wage and hour settlement is a fair and reasonable way to settle the allegations.

The Dave and Buster’s Wage and Hour Class Action Lawsuit is Cherish Nunnally v. Dave & Buster’s Inc. et al., Case No. 8:16-cv-00855, in the U.S. District Court of Central California.

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