201710.13
0

Collective Class Action Against Genghis Grill Restaurant Filed by Peiffer Rosca Wolf Conditionally Certified

Collective Class Action Against Genghis Grill Restaurant Filed by Peiffer Rosca Wolf Conditionally Certified


ST. LOUIS and MEMPHIS, Tenn., Oct. 10, 2017 /PRNewswire/ — On October 4, 2017, the United States District Court for the Western District of Tennessee, located in Memphis, issued an order conditionally certifying a collective class of current and former employees of a Genghis Grill restaurant located in Germantown, Tennessee.

This comes in response to a complaint filed on behalf of an ex-employee, alleging substandard wages, unpaid minimum wages, unpaid overtime wages, and unpaid “off-the-clock” work under the Fair Labor Standards Act (“FLSA”). Additionally, the complaint alleges that Genghis Grill required this ex-employee, as well as others similarly situated, to work for less than minimum wages, to contribute to an unlawful tip pool, to work “off-the-clock” for no pay, and to perform non-tipped job tasks that were unrelated to their tipped occupation while only being paid the tipped minimum wage.

Plaintiff’s attorney, Brandon Wisesaid, “We are glad that employees at the Germantown Genghis Grill location will be notified of this action and made aware of their rights. Through our investigation, we believe that there have been similar violations at multiple Genghis Grill restaurants. We continue our investigation into Genghis Grill’s pay practices.”

In conditionally certifying two collective classes, the order states:

Specifically, the Court conditionally certifies the two following classes of Defendants’ employees:

  1. The FLSA Tip-Credit Collective Class: All current and former workers employed by Chalak Restaurants of Germantown, LLC who were employed in a tipped position—including as a server, host(ess), or bartender—within three years preceding the date of conditional certification of this action through final judgment in this matter, and who elect to opt into this action;
  2. The FLSA Minimum Wage Collective Class: All current and former non-exempt hourly paid employees (i.e., “non-tipped” employees) employed by Chalak Restaurants of Germantown, LLC who worked within three years preceding the date of conditional certification of this action through final judgment in this matter, and who elect to opt into this action.

On the possibility of nationwide certification, the Court stated:

It may become clear that Defendants—possibly along with other defendants yet to be joined—implemented a nationwide employment policy in the Western District of Tennessee, as well as elsewhere. At that time, Plaintiff may renew her Motion for Conditional Certification.

What to Do if You Believe You Were an Improperly Compensated Employee

Peiffer Rosca Wolf Abdullah Carr & Kane, APLC (“Peiffer Rosca Wolf“) is prepared to take further action and protect the rights of all Genghis Grill servers, hosts/hostesses, bartenders, and other hourly employees who had to work “off-the-clock,” had their hours reduced (a practice commonly called “time shaving”) so that overtime pay could be avoided, or were otherwise not paid correctly.

If you worked at a Genghis Grill restaurant and wish to obtain additional information about this matter or your potential legal rights, contact Brandon Wise by phone at 314-833-4825 or by email at bwise@prwlegal.com.

The full Order may be viewed HERE and a copy of the Complaint may be viewed HERE.

About Peiffer Rosca Wolf Abdullah Carr & Kane, APLC
Peiffer Rosca Wolf comprised a sophisticated team of lawyers from around the country committed to one goal: Representing employees of Genghis Grill who had to work off-the-clock or were not paid correctly. We are smart, experienced, and dedicated professionals who work tirelessly for our clients and take pride in the pursuit of justice on their behalf.  Peiffer Rosca Wolf is a nationwide law firm that represents plaintiffs in employment, consumer, securities, and various other types of civil litigation.

Attorney advertising. Prior results do not guarantee a similar outcome. Please visit our website, www.prwlegal.com, for important disclosures, office locations, and attorney admissions. Like: Facebook.com/PeifferRoscaWolf and Follow: @PRWlegal (Twitter).