On March 11, 2020, we filed a collective action lawsuit on behalf of a group of current and former servers and bartenders who worked for Mercury Chophouse. The lawsuit alleges that Mercury Chophouse (1) did not allow its servers and bartenders to retain all of their tips and improperly handled tips contributed to the tip pool; and (2) required servers and bartenders to pay for cash shortages, uniforms, aprons, wine keys, and ink pens.
In addition, the lawsuit seeks to include all Mercury Chophouse’s current and former servers and bartenders who sign a consent to join the lawsuit.
If successful in proving these violations, Mercury Chophouse must pay each server and bartender who signs a consent to join the lawsuit the following damages: $5.12 per hour for each hour worked in the past three years, plus all misappropriated tips, plus “double damages.” Finally, if successful on these claims, the lawsuit asks the Court to award an amount of attorney’s fees and costs for Herrmann Law’s representation of the servers in this matter.
June 19, 2020 – Court Certifies Class
On June 19, 2020, the Court conditionally certified a class of current and former servers and bartenders who worked for Mercury Chophouse. The Court authorized Plaintiffs’ counsel to send all class members a court-approved notice regarding the lawsuit and a consent to join the lawsuit. Any server or bartender who wants to join the lawsuit must sign and return the consent form.
June 4, 2020 – Unopposed Motion for Conditional Class Certification Filed
On June 4, 2020, we filed a Motion for Conditional Class Certification. In the motion, we asked the court to certify a class of all of Mercury Chophouse’s servers and bartenders. Plaintiffs also requested that the Court authorize Plaintiffs’ counsel to notify all potential class members of this lawsuit and of their ability to join the lawsuit.
March 11, 2020 – Complaint filed