Court-Authorized Notice
UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
If you have been employed as a server at an IHOP restaurant operated by CFRA LLC, please read this notice.
A court authorized this notice. This is not a solicitation from a lawyer.
In May 2015, Limecca Corbin (“Plaintiff”) started this lawsuit against CFRA LLC (“CFRA”). The lawsuit is proceeding in the United States District Court in Greensboro, NC and is assigned to United States District Judge Catherine C. Eagles.
The lawsuit alleges that CFRA violated federal wage law by having servers, waiters, and waitresses at its IHOP Restaurants spend more than 20% of their time doing non-tip producing “side work,” while still paying them a minimum wage below $7.25 per hour. Examples of this side work include stocking condiments, wiping the tables, rolling silverware, refilling the soda machine and cleaning the restaurant. The lawsuit seeks to recover approximately $5.66 for each hour worked by servers, waiters, and waitresses since July 12, 2013, plus unpaid overtime. The lawsuit also seeks the recovery of liquidated damages and attorney’s fees and expenses.
CFRA denies liability, asserts that its pay practices are legal, and claims that it paid all employees what they are owed.
The court has conditionally certified this case as a collective action, allowing this notice to be sent so that you can decide whether to join this case or not. The court has not decided who will win the case. The Court may ultimately rule that the case should not proceed as a collective action and, therefore, decertify the class. Once the evidence is in, the court may decide the case in favor of either party – Plaintiff or CFRA.
This notice contains information that affects your rights. Please read it carefully.
TO: Current and former IHOP Restaurant Servers, Waiters and Waitresses who have worked for CFRA at any time from July 12, 2013 to the present. If your address was on the envelope with this notice, then you qualify as someone who can join this case.
RE: Fair Labor Standards Act (“FLSA”) lawsuit against CFRA seeking minimum wage compensation for hours worked as servers, waiters and waitresses at IHOP Restaurants.
You Have a Choice to Make Now
| Your Legal Rights and Options in this Lawsuit | |
| ASK TO BE INCLUDED
|
If you choose to be included, you will share in any monetary recovery that might come from a trial or a settlement in this lawsuit. You give up any rights to sue CFRA on your own for the same claims in this lawsuit.
If you want to be included, you must complete and return the “Consent to Join” form included with this Notice by no later than August 9, 2017. By doing so, you will “opt in” and become a member of the Collective. |
| DO NOTHING | By doing nothing, you will not be included in this lawsuit. This means that you give up the possibility of a monetary recovery that may come from a trial or settlement if those bringing the lawsuit are successful. You keep any rights to sue CFRA separately about the same legal claims in this lawsuit. You should be aware that your time to bring FLSA claims is limited by a two- or three-year statute of limitations. |
To view the complete Official Court-Authorized Notice and answers to frequently asked questions, please click here.