Case Information

On January 11, 2022, our firm filed a lawsuit against Perry’s Steakhouse on behalf of a group of current and former servers who worked at any Perry’s Steakhouse in Texas. The lawsuit alleges that Perry’s Steakhouse failed to adhere to the federal law regarding the payment of tips to tipped employees and therefore Perry’s Steakhouse is prevented from paying its servers the sub-minimum “server wage.”

More specifically, the lawsuit alleges that Perry’s Steakhouse violated federal wage laws because Perry’s unlawfully (1) required servers to pay for their own uniforms and tools (e.g. shirts, aprons, pepper mills, crumbers, etc.); (2) exercised unlawful control over the tip pool; (3) did not lawfully distribute all tips from the tip pool solely among employees engaged in customarily and regularly tipped duties; and (4) required servers to perform nontipped duties.

Under the law, Perry’s Steakhouse is required to disprove each of these allegations. If Perry’s is unable to do so, Perry’s will be required to pay each server who joins the lawsuit $5.12 per hour for each hour they worked, plus repay each server all their misappropriated tips, plus liquidated damages in an equal amount as “double damages.” Finally, if successful on these claims, Perry’s will be liable for an additional amount to cover the attorney’s fees and costs for Herrmann Law’s representation of the servers in this matter.

Any server who worked at any of the Perry’s Steakhouse locations in Texas during the past 3 years is eligible to join the lawsuit and seek recovery of their unpaid wages. However, any server who wants to be included in the lawsuit must sign and return a consent form.

If you have any questions or would like us to send you a consent form, please contact our office by calling: 817-479-9229. You may also obtain additional information about the lawsuit, including the ability to electronically sign and submit a consent form, by visiting: www.PerrysSteakhouseLawsuit.com

How to Join the Lawsuit

If you are a current or former Perry’s Steakhouse server and believe your rights have been violated, consider joining the collective action lawsuit.

Anyone who worked as a server for Perry’s Steakhouse in Texas at any point in that past 3 years is eligible to join the collective action lawsuit seeking recovery of unpaid wages and money damages.

In order to be included in the collective action against Perry’s, you must sign a consent form and return it to Herrmann Law before the deadline. You may obtain a copy of the consent form by calling our office 817-479-9229, emailing our claims administrator consents@herrmannlaw.com, or visiting www.PerrysSteakhouseLawsuit.com where you can review additional information about the case and have the option to electronically sign and submit a consent form.

Status Updates

November 10, 2025 — Findings of Fact & Conclusions of Law (Bench Trial Ruling)

After the bench trial and closing arguments, the Court found Perry’s operated an unlawful tip pool. The Court held that employees clocked in under the following AM job codes—AM Bussers, AM Hosts, AM Server Assistants, AM Service Wells, and AM Food Runners—were not “customarily and regularly tipped” and therefore could not lawfully be paid from the tip pool using the servers’ tips.

The Court found the violations willful, extending the FLSA limitations period to three years. Willfulness was supported by Perry’s prior DOL investigations, prior FLSA litigation, and employee complaints (including an NLRB charge), yet no corrective action to conform the tip pool. The Court also found Perry’s failed to show good faith. The Court also held Christopher V. Perry is an “employer” and thus jointly and severally liable with the company.

Finally, because the tip pool operated weekly (servers contributed 4.5% of weekly sales), an unlawful weekly pool divests Perry’s of the tip credit for that workweek. Plaintiffs therefore are entitled to: (1) the difference between $2.13 and $7.25 for each such week; (2) reimbursement of all tips contributed to the unlawful tip pool that week; and (3) an equal amount in liquidated damages.

Next Steps: The Court ordered Plaintiffs to file a Motion to Enter Damages by December 2, 2025. Defendants may file a response on or before December 16, 2025, and Plaintiffs may file a reply on or before December 23, 2025.

July 10, 2025 – Closing Arguments

March 31, 2025 – Bench trial begins

February 21, 2025 – Judge Pitman adopted the report and recommendation granting Plaintiffs’ partial summary judgment on the unlawful tip pool (AM bussers); other issues reserved for trial.

January 29, 2025 – Magistrate Judge Hightower entered a report and recommendation granting Plaintiffs’ partial summary judgment on the unlawful tip pool (AM bussers); other issues reserved for trial.

May 16, 2023 – The District Court Judge adopted the Magistrate Judge’s report & recommendations in full, and authorized our firm to distribute notice to anyone who worked as a server for Perry’s Steakhouse in Texas during the past three years. For more information, including the option to electronically sign and submit a consent form, please visit: www.PerrysSteakhouseLawsuit.com. You are also welcome to call our office with any questions or to request a copy of the consent form.

April 5, 2023 – The Magistrate Judge recommends granting the servers request to distribute court-authorized notice to anyone who worked as a server for Perry’s Steakhouse in Texas. For more information, including how to join, please visit: www.PerrysSteakhouseLawsuit.com

December 2, 2022 – The servers filed a motion seeking to distribute court-authorized notice to all servers who worked at any of the Perry’s Steakhouse locations in Texas.

June 6, 2022 – Court Denies Perry’s Request to Transfer Case to Houston

February 7, 2022 – Perry’s Seeks to Transfer the Case to Houston

January 11, 2022 – Lawsuit filed