How will the lawyers be paid - PDF document

1 6 How will the lawyers be paid? Joseph
6 How will the lawyers be paid? Joseph & Kirschenbaum LLP is handling this matter on a contingency basis, the attorneys’ fees and costs will be determined on a percentage basis and Plaintiffs will not agreement further provides that in the event that the Plaintiffs prevail on their claims at ntiffs’ counsel will make an retion of the amount of fees to award, and that the fees may be as much as 33.33% of any settlement fund or judgment, after the deduction How and when will the Cour As long as the case is not dismissed or resolved by a settlement, Class Counsel will have to prove the plaintiffs’ claims at trial. Any trial would take place in the United States of New York, 500 Pearl Street, New York, New York. During the trial, a Jury or the Judge will hear all of the evidence to help them reach a decision about whether the Plaintiffs or Defendants are right about the claims in the lawsuit. There is no guarantee that Plaintiffs will win, or that they will get any money Do I have to come to the trial? by either Plaintiffs the case for the Plaintiffs, and Megu Tribeca will present the defenses. If you are not called as a witness, you and your own lawyer are welcome to come at your own expense. GETTING MORE INFORMATION Are there more details available? additional information, please contact: Joseph & Kirschenba

2 um LLP 233 Broadway, 5 Floor New York,
um LLP 233 Broadway, 5 Floor New York, NY 10279 http://www.jhllp.com E-mail: info@jhllp.com 5 How do I ask to be excluded from the New York Labor Law Class? If you choose to be excluded from the New request to be excluded from the Class to: Joseph & Kirschenbaum LLP 233 Broadway New York, NY 10279 The form must be postmarked by May 5, 2014. The Court will exclude from the class any member who requests exclusion. What happens if I do nothing at all? If you do nothing, you will be bound by all of the orders the Court issues and judgments the Court enters in the NYLL class action laclaim. Thus, you keep the possibility of getting money or benefits that may come from a trial or settlement of the NYLL claim, but you will not be eligible for money or benefits that may come from a trial or settlement of the FLSA claim. Keep in mind that if you do nothing now, regardat trial, you will not be able to sue Megu Tribeca about the same legal claims that are the THE LAWYERS REPRESENTING YOU Do I have a lawyer in the case? The Court decided that the law firm of Joseph & Kirschenbaum LLP is qualified to represent you and all Class Members and has been designated as “Class Counsel” in this lawsuit. More information about Joseph & Kirschenbaum LLP is available at http://www.jhllp.com. Should I get my own lawyer? If you e

3 lect to participate in the FLSA Class or
lect to participate in the FLSA Class or to not be excluded from the NYLL Class, you do not need to hire your own lawyer because Class Counsel will be working on your hire your own lawyer, you may do so. 4 I’m still not sure if I am included. If you are still not sure whether you are chenbaum LLP at (212) 688-5640. Can I participate in this lawsuit even though, due to my immigration status, I am not working at Megu Triebca legally? does not affect your entitlement to recover back wages or to participate in this lawsuit. Can Megu fire me or take other action against me because I am a part of this case? gu from discharging or in any other manner discriminating against any worker for joiniKirschenbaum LLP, at the telephone number YOUR RIGHTS AND OPTIONS ed Consent to Sue form to assert your FLSA claim. How do I join the FLSA Collective? you have to read, sign, and promptly return the Consent to Sue form at the end of this Notice. The form must be sent to: Joseph & Kirschenbaum LLP 233 Broadway New York, NY 10279 The form must be postmarked by 3 What is a class action and who is involved? In a class action lawsuit, one or more peoplof other people who have similar claims. In this case, the Class Representatives, Jason Odin Redd, sued Megu Tribeca under the New York Labor Law. The court procedure for cl

4 ass actions is different from the collec
ass actions is different from the collective York Labor Law claim, everyone who workformer busser, former runner, bartender present is automatically included in the casexclude themselves from the Class. Has the Court decided who is right? aintiffs are correct. By establishing the Class and issuing the Notice, the Court is not suggesting that the plaintiffs will win or lose the case. Is there any money available now? No money or benefits are available now because the Court has not yet decided whether no guarantee that money or benefits will ever be obtained. If they are, and if you join the FLSA collective action or remain in the New York Labor Law class action, you will be notified how to ask for a share. WHO IS IN THE CLASS Am I part of the FLSA Collective? server, former busser, former runner, bartand the present is eligible to join the FLSA Collective. You are not a member of the FLSA Collective unless you retufiled with the Court. Am I part of the New York Labor Law Class? tains, servers, former bussers, former runners, bartenders and barbacks who were employed by Megu Tribeca between January 25, 2006 and the date of final judgment in this matter are members of the New York State Labor Law be excluded from the Class. The Court has not decided who is right and who is wrong. There is no money or settle

5 ment available now and, pending the outc
ment available now and, pending the outcomany money will be made available to those who join the collective action. Your legal rights may be affected, BASIC INFORMATION Why did I get this Notice? r Megu Tribeca as a captain, server, former rback at some time between January 25, 2006 and the present. This Notice eorized Plaintiffs to proceed ons that you may exercise. A trial may be necessary to decide whether the claims being made agaiaims are correct. The Honorable Analisa Torres, a judge in the United States District known as Schear v. Food Scope America Inc ., Case No. 12 Civ. 00594. What is this lawsuit about? This lawsuit is about whether Megu Tribeca violated the FLSA and NYLL requiring tipped employees to share their tips with non tip eligible employees. What is Megu’s position? ion from the tip pool engage in customer service. What is a collective action and who is involved? In a collective action lawsuit, one or morehave similar claims under the FLSA. All captains, servers, former bussers, former to participate in the case must file the attached Consent to Sue form and become “opt-in plaintiffs.” Megu Tribeca, Masahiro Origuchi, Koichi Yokoyama and Salvatore Picardithe issues for everyone who decides to If you are or were employed as a captain, server, bartender and/or barback at Megu at any

6 time from January 25, 2006 to the prese
time from January 25, 2006 to the present, or if you were formerly employed by Megu as a runner and/or busser, please read this notice. Individuals currently employed as bussers or A pending class/collective action lawsuit may affect your legal rights.This is not a solicitation from a lawyer.Seven Megu employees (collectively, the “Plaintiffs” and “Class Representatives”) have sued hi, Koichi Yokoyama and Salv“Megu”) claiming that Megu required them to sharemployees. Defendants deny all claims in this lawsuit. Labor Standards Act (“FLSA”). The collective members consist of captains, servers, former bussers, former runners, bartenders and barbacks who were employed by Megu Tribeca at any time from January 10, 2012duals currently employed The Court has also allowed the lawsuit to New York Labor Law (“NYLL”). The class consists of captains, servers, former bussers, former runners, bartenders and barbacks who were employed by Megu Tribeca at any time between January 25, 2006 and the present. Individuals currently employed by Megu UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------x JASON SCHEAR, EDUARD STANCIU, BAREKET DRORI, STELLA KIM, DANA BEIERLE, MICHAEL MARTINEZ and ODIN REDD, on behalf of themselves and other similarly situated,TRIBECA, MASAHIRO ORIGUCHI, KOICHI YOKOYAMA and SALVATORE PICARD