This Notice is provided in connection with a lawsuit pending in the United States District Court for the District of Colorado (“the Court”). The Court has not ruled on the claims in this lawsuit, but the Court has approved this Notice to be sent to inform you about your legal right to join a collective action lawsuit seeking unpaid wages.

Federal law prohibits Perry’s or anyone from discriminating or retaliating against you for exercising your legal right to join this lawsuit or file a separate lawsuit.

You received this notice because Perry’s records show that you fall within plaintiffs’ proposed class, defined as all current and former servers who worked at any of Perry’s Steakhouse & Grille locations in Colorado, Alabama, North Carolina, or Florida and who were paid a direct cash subminimum hourly wage in the past three (3) years.

You may be able to make a claim and join this lawsuit if:

• You are a current or former server who worked, or works, at any one of Perry’s restaurant locations in Colorado, Alabama, North Carolina, or Florida between February 16, 2018 and today; and
• You were paid a subminimum hourly wage and required to (1) participate in a tip pool, (2) pay for mandatory uniforms, (3) pay for business-related items or expenses (check presenters, pens, or wine keys), or (4) perform non-tipped side-work duties at subminimum hourly wage.

This notice is intended to advise you about your legal rights, how your legal rights may be affected by this lawsuit, and inform you of your right to join this lawsuit.

Lance Green and Anderson Khalid are former servers who worked at the Perry’s location in Colorado and Alabama, respectively, who filed this lawsuit against Perry’s, individually and on behalf of other current and former servers who were paid a subminimum hourly wage plus tips.

Mr. Green and Mr. Khalid allege that Perry’s violated federal law by requiring servers to: (1) participate in a tip pool that was not fully distributed solely among tipped employees, (2) pay for mandatory uniforms and other business-related expenses, and (3) perform non-tipped side work while being paid at a subminimum hourly wage. Mr. Green and Mr. Khalid allege that Perry’s owes them and the other servers back wages in the form of unpaid minimum wage, liquidated damages (double damages), plus their attorneys’ fees and costs for themselves and all similarly situated servers. Perry’s denies Mr. Green and Mr. Khalid’s allegations. Perry’s disputes the allegations or any liability arising from the allegations.

By timely submitting the Consent Form you will be part of this case and agree to be represented by Plaintiffs’ counsel. If you join this lawsuit, you will be bound by the judgment of the Court, whether it is favorable or unfavorable to the plaintiffs. If plaintiffs win or a settlement is reached, you may be entitled to a sum as part of the judgment or settlement. However, if plaintiffs lose, you will receive nothing. If you decide to join the lawsuit, you may be required to answer written discovery questions, produce records and documents relating to your claim, testify at a deposition, testify at trial, or any combination of the above.

Federal law prohibits Perry’s or anyone from discriminating or retaliating against you for exercising your legal right to join this lawsuit or file a separate lawsuit.

You can receive more information by contacting the Plaintiffs’ attorney listed below with any questions you may have; or you may hire an attorney of your own choosing

Herrmann Law, PLLC
801 Cherry St. Suite 2365
Fort Worth, Texas 76102
(817) 479-9229 | Fax: (817) 840-5102
Drew N. Herrmann | Pamela G. Herrmann
drew@herrmannlaw.com | pamela@herrmannlaw.com