Case Information

This is an FLSA lawsuit filed against Sake Hibachi Sushi & Bar, Inc. (“Sake Hibachi”) on behalf of its current and former servers who worked at the Mansfield, Texas location. The lawsuit claims that Sake Hibachi illegally shared tips with management, unlawfully required its servers to pay for walked tabs, and various other violations of federal wage and tipping laws.

Status Updates

October 10, 2018 – Corrective Notice Delivered to Class Members

On October 10, 2018, Plaintiffs’ counsel sent out the Court-approved Corrective Notice and Consent Form to the potential class members. Those who wish to join the suit must complete and return their Consent Form to Plaintiffs’ counsel no later than December 9, 2018.

September 21, 2018 – Court Allows Plaintiffs’ Counsel to Mail Corrective Notice

On September 21, 2018, the Court entered an Order finding that Sake Hibachi “engaged in contacts that were misleading, coercive, and an attempt to undermine the purposes of this collective action” by contacting and asking its current and former servers to sign settlement agreements. Therefore, the court ruled that “Any potential class member who signed a settlement agreement may still opt-into this lawsuit, and, if the person so desires, challenge the validity of the settlement agreement.”

In addition, the Court:  

• Ordered that any time Defendants communicate with the potential class members regarding this action, Defendants must provide the potential class member the Court’s Order and a Summary Communications Notice that explains that Defendants have been found to have engaged in contacts that were misleading, coercive, and an attempt to undermine the purposes of this collective action.
• Authorized Plaintiffs’ counsel to resend a corrective notice to the potential class members and extending the opt-in period for an additional 60 days.
• Ordered Defendants to pay for Plaintiffs’ counsels attorneys’ fees and costs associated with filing Motion for Protective Order and Corrective Notice.

July 11, 2018 – Motion for Protective Order and Corrective Notice

It was discovered that Sake Hibachi had been directly communicating with the potential class members about this lawsuit and attempting to get potential class members to sign agreements releasing Sake Hibachi from liability. On July 11, 2018, Plaintiffs’ counsel filed a Motion for Protective Order and Corrective Notice seeking, among other things, an order from the Court prohibiting Sake Hibachi from communicating with potential class members or attempting to solicit private settlement agreements from the potential class. Plaintiffs’ counsel also sought an order from the Court allowing Plaintiffs’ counsel to send a corrective notice to the class members notifying them of their rights and to correct Defendants’ misleading communications.

June 15, 2018 – Notice Delivered to Class Members

On June 15, 2018, Plaintiffs’ counsel sent out the Court-approved Notice and Consent Form to the potential class members. Those who wish to join the suit must complete and return their Consent Form to Plaintiffs’ counsel no later than August 14, 2018.

May 22, 2018– Court Certifies Class

On May 22, 2018 the Court conditionally certified a class of Sake Hibachi’s current or former servers who worked at Sake Hibachi from March 5, 2016 through the present. The Court authorized Plaintiffs’ counsel to send all class members a court-approved notice regarding the lawsuit and a consent to join the lawsuit.

April 26, 2018 –Motion for Conditional Class Certification Filed

On April 26, 2018, we filed a Motion to Conditionally Certify Collective Action.  In the motion, we asked the court to certify a class of Sake Hibachi’s current or former servers who worked at Sake Hibachi from March 5, 2016 through the present. 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 5, 2018 – Complaint filed