United States District Court, D. South Carolina, Florence Division
DAN WEAVER, on behalf of himself and all others similarly situated, Plaintiff,
LABEL HOSPITALITY GROUP, LLC d/b/a ROOSTER'S RESTAURANT BAR AND GRILL and EREZ SUKARCHI, individually, Defendants.
ORDER GRANTING CONDITIONAL CERTIFICATION UNDER THE
Bryan Harwell United States District Judge
matter comes before the Court on the parties' Consent
Order for Conditional Certification and to Authorize Notice
to Putative Class Members in connection with Counts I and II
of Plaintiff's Complaint (ECF 1) arising under the Fair
Labor Standards Act (“FLSA”), 29 U.S.C. §
parties have consented to conditional certification of the
FLSA collective action and to issuance of notice in the form
attached to this Order.
Court, therefore, Orders as follows:
action will be conditionally certified as a collective action
under 29 U.S.C. § 216(b).
class shall be defined as: “All current and former
employees of Rooster's Restaurant Bar and Grill
(Rooster's) at any time from June 13, 2014 to August 31,
who were paid a direct, or hourly, rate less than the
statutory minimum wage of seven and 25/100 ($7.25) per hour
and were required either to remit a portion of their tips
into a tip pool or received funds from a tip pool.”
Notice and Consent (“Notice”) attached to this
Order as Exhibit 1 is appropriate to provide
notice to the potential members of the class, via U.S. Mail
and for allowing potential members of the class to opt-in, or
join, the class. The mailing envelope shall have a return
address as follows:
Class Action Lawsuit Weaver v. Roosters Important Notice of
Your Legal Rights PLEASE OPEN & READ P.O. Box 26170 Santa
Ana, CA 92799
with the Notice, there will be a self-addressed, postage-paid
envelope using the name and mailing address of
Plaintiffs' counsel for both the address and return
Email Notice, Exhibit 2, is appropriate for
sending Notice to potential class members via email. The
subject line of the email shall read: Rooster's
Restaurant Bar and Grill Lawsuit - Please Read.
Text Message Notice Via Cell Phone, Exhibit
3, is appropriate for sending Notice to potential
class members via text message.
Notice shall be authorized to potential putative class
members for a forty-five (45) day period of time. Putative
class members will have forty-five (45) days from the date of
the Notice to return their Consent form. Timeliness will be
determined based upon the date that the Consent is
parties shall use the service of Third Party Administrator
(“TPA”), Simpluris, Inc., to handle distribution
of Notice and Consent. Defendants shall pay all fees and
costs of TPA.
Within three (3) calendar days of the entry of this Order,
Defendants shall provide, in electronic format, if available,
the TPA, for all putative members ...