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This settlement is closed!
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In recent legal news, Elegant Affairs has reached a $950,000 settlement with a former worker who says that the catering business unlawfully withheld tips he earned during his work and failed to provide wage notices to workers, in violation of the New York State Labor Law.
Class Members include all those individuals employed by RSA Catering LLC (which does business as Elegant Affairs) between Aug. 16, 2011 and the date of the final order, who performed service work at Elegant Affairs’ catered events held off the Elegant Affairs premises, and are in roles that normally receive gratuities. These workers may include but are not limited to bartenders, buses, captains, wait staff, waiters, and servers.
The settlement website explains that those workers who worked for Elegant Affairs but were recruited or paid by third-party staffing companies will be considered Class Members if they are included in the Class List with sufficient information and can provide sufficient information about their employment to allow their settlement benefit amount to be calculated.
The settlement does not include workers whose roles do not customarily have contact with guests during catering events, explains the settlement website. These include workers like chefs, dishwashers, food preparers, cooks, event coordinators, maintenance workers, or other workers.
The Elegant Affairs wage and hour class action lawsuit was filed by Troy Barnes, a former worker who says that the business unlawfully withheld tips he earned during his work, and failed to provide wage notices. In his eyes, these actions violated New York State Labor Law.
Barnes claims that he was not the only one affected — allegedly, the company made a practice of withholding tips and not providing wage notices in the case of many employees.
Elegant Affairs denies these wrongdoings and, according to the settlement website, the business “vigorously contested” Barnes’ claims. However, both the business and the workers have agreed to settle in the interests of avoiding the continued costs and risks of litigation. The settlement has already received final approval from the court, granted on March 5, 2020.
Class Members are eligible to receive compensation from the fund based on the amount of their total wages earned per year. The settlement lays out a system of considering workers in tiers based on their earnings, and allocating funds based on a percentage of the total settlement amount. Workers will be awarded funds based on what tier they fall into, explains the settlement website.
Settlement checks will be considered W-2 wage income, and will therefore be considered taxable.
For his role in the Elegant Affairs wage and hour class action lawsuit, Barnes will receive up to $7,500.
The deadline to file a claim is Aug. 7, 2020. Class Members have the option to opt out of the settlement Class if they wish to not receive any settlement benefits but keep their rights to pursue independent litigation against Elegant Affairs over the wage and hour issue.
The deadline to opt out of or object to the settlement is Aug. 7, 2020.
Who’s Eligible
Individuals employed by RSA Catering LLC (which does business as Elegant Affairs) between Aug. 16, 2011 and the date of the final order, who performed service work at Elegant Affairs’ catered events held off the Elegant Affairs premises, and are in roles that normally receive gratuities.
Eligible workers may include but are not limited to bartenders, buses, captains, wait staff, waiters, and servers. The settlement does not include workers such as chefs, dishwashers, food preparers, cooks, event coordinators, maintenance workers, or other workers.
Potential Award
Class Members are eligible to receive compensation from the fund based on the amount of their total wages earned per year.
The settlement lays out a system of considering workers in tiers based on their earnings, and allocating funds based on a percentage of the total settlement amount:
Proof of Purchase
Individuals who worked for Elegant Affairs while employed through a third-party staffing agency must provide records of wages earned during their work with Elegant Affairs.
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
8/7/2020
Case Name
Troy Barnes v. RSA Catering LLC d/b/a Elegant Affairs, et al., Case No. 527339/2019, in the Supreme Court of the State of New York, County of Kings
Final Hearing
5/5/2020
Settlement Website
Claims Administrator
Barnes v. RSA Catering LLC dba Elegant Affairs et al.
c/o Simpluris Inc.
PO Box 26170
Santa Ana, CA 92799
888-369-3780
Class Counsel
LEEDS BROWN LAW PC
Defense Counsel
Howard Fensterman
Rachel Gold
ABRAMS FENSTERMAN FENSTERMAN EISMAN FORMATO FERRARA WOLF & CARONE
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