Lichter Law Firm has experience representing plaintiffs in collective action lawsuits.
The Firm is currently co-lead counsel in nearly 4,000 arbitrations pending before the American Arbitration Association against the world’s largest full-service restaurant group. These arbitrations claim that Darden Restaurants, Inc. and its related restaurants, including The Olive Garden, Red Lobster, Longhorn Steakhouse, Seasons 52 and Bahama Breeze (“Darden”) failed to pay proper wages or overtime pay to its tipped employees, such as servers and bartenders, as required under the federal Fair Labor Standards Act.
The arbitrations allege that Darden required servers to perform work while off the clock. Claimants also claim that they were required to report to work and begin work at the start of their scheduled shifts, but were not allowed to clock into Darden’s time card system until their first customers arrived.
Claimants also allege that Darden paid them wages below the applicable minimum wage, due to their status as tipped employees. Claimants were expected to make up the difference by working for tips from customers. However, Claimants claim that Darden directed them and other servers to perform significant duties that would not generate tips such as general maintenance and preparatory work without paying proper wages for such work. Claimants assert that, as a result of the nature and scope of these non-tipped duties, they were entitled to receive, but Darden did not pay, the full applicable minimum wage.
To learn about the arbitrations, go to DardenLawsuit.com.
Collective Actions Representative Matters
|Collective Actions Representative Matters||A group of high profile South Florida investors were awarded a $6.3 million judgment against George Rod Timinsky, a self proclaimed developer who defrauded the investors then skipped town with their money. The investors brought the case to the U.S. Attorney's office, and Mr. Timinsky was eventually indicted and plead guilty. He was sentenced in 2014 to more than eight years in prison and restitution.|
|Collective Actions Representative Matters||In the case, Arizmendi v. BankAtlantic, the firm is co-lead counsel in a state court collective action alleging that BankAtlantic, formerly one of the largest regional banks in the state and now owned by BB&T, improperly manipulated and re-sequenced overdraft transactions to maximize its fees at the expense of its customers.|
|Collective Actions Representative Matters||David Lichter, along with co-counsel Trief & Olk and Cohn Lifland Pearlman Herrmann & Knopf LLP, filed one of the earliest complaints in this federal multidistrict litigation pending against numerous banks, related to the banks’ reordering of debit card transactions to increase overdraft fees. The firm participated in many of the cases, including those against Bank of America (settled); Wachovia (now Wells Fargo), Citizens Bank (settled), PNC Bank (settled) JP Morgan Chase (settled) and Citizens Financial Group (settled).|
|Collective Actions Representative Matters||June 2016: Pierre v. King Intelligence and Security Services: The firm filed a suit in federal court against a security firm serving the tri-county area which failed to pay its employees proper overtime wages. The suit seeks certification as a collective action on behalf of all of the firm’s employees in Florida.|