Late last month, Buffalo Wild Wings agreed to settle a federal class-action lawsuit for $1.55 million. The suit itself was filed by two former employees, Zachary Barton and Ethan Forness, who worked at a Buffalo Wild Wings location in Athens, Ohio. Both of the employees worked as servers and bartenders and alleged in their suit that Lancaster Wings, Inc., “which owns seven BWWs in Ohio and three in Arizona, violated the Fair Labor Standards Act in at least four ways, largely related to tipped employees allegedly performing ‘non-tipped’ work and being underpaid for that work.”
Late last month, Buffalo Wild Wings agreed to settle a federal class-action lawsuit for $1.55 million. The suit itself was filed by two former employees, Zachary Barton and Ethan Forness, who worked at a Buffalo Wild Wings location in Athens, Ohio. Both of the employees worked as servers and bartenders and alleged in their suit that Lancaster Wings, Inc., “which owns seven BWWs in Ohio and three in Arizona, violated the Fair Labor Standards Act in at least four ways, largely related to tipped employees allegedly performing ‘non-tipped’ work and being underpaid for that work.”
Additionally, the lawsuit argued that the “cost of uniforms was deducted from employees’ pay, that they weren’t paid when forced to work off the clock, and that servers and bartenders were required to reimburse their restaurant when customers left without paying the bill.”
Prior to the settlement announcement, Mike Fradin, the lawyer who represented Forness and Barton, commented on the allegations and said, “employment practices that are very common in the restaurant industry.” He added:
“(This includes) making tipped workers pay for walk-outs, making tipped workers pay for their uniforms, and making tipped workers spend time doing non-tip generating work while being paid less than minimum wage. From the beginning, Zach and Ethan were focused on doing what was best for their similarly situated coworkers, who at the Athens location consisted heavily of single moms, colleges students, and others who could not afford to be paid less than their full wages…This settlement demonstrates the power of employees acting collectively.”
Despite agreeing to the settlement, the agreement states that neither party plans to “abandon the positions they took in the actions.” It also states:
“Defendants (Lancaster Wings) deny all claims as to liability, wrongdoing, damages, penalties, interest, fees, injunctive relief, and all other forms of relief, as well as the collective allegations, asserted in the Action. Defendants further deny that this Action is appropriate for collective treatment for any purpose other than settlement.”
So how much do the plaintiffs stand to receive from the settlement? Well, according to the agreement, after accounting for fees and payment for their legal counsel, both Forness and Barton will receive around $5,000 each. The rest of the “settlement money will be held in a fund that will disburse money owed to more than 1,200 current or former employees of the franchise.” Some employees will receive a $50, while other may receive anywhere between $100 and $7,000. According to the agreement, “eligible settlement class members are allowed to claim up to 57 percent of their alleged wages owed.”
Sources:
Settlement reached in two workers’ suit against Athens BWW owners
Buffalo Wild Wings lawsuit results in $1.55 million settlement
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