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. 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 for Perry’s Steakhouse at any of the Perry’s locations in Texas in the past 3 years may be eligible to join the lawsuit. However, any server who wants to be included in the lawsuit must sign and return a consent form in order to be included. You may obtain additional information about the lawsuit, by calling us at 817-479-9229 for more information.

Status Updates

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.

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