This website is a source of information about the Fast v. Applebee’s case. This case concerns a lawsuit about whether Applebee’s International, Inc. d/b/a Applebee’s Neighborhood Grill & Bar (“Applebee’s”) failed to pay proper wages to its servers and/or bartenders as required under the Fair Labor Standards Act.

Specifically, Plaintiffs Gerald Fast, Talisha Cheshire and Brady Gehrling allege that Applebee’s directed and/or permitted them and other servers and bartenders to perform duties that would not generate tips such as general maintenance and/or preparatory work without paying proper wages for such work. Applebee's denies plaintiff's allegations. This case is pending in the U.S. District Court for the Western District of Missouri, Central Division. To access the formal notice of the lawsuit, click here.

• As of the filing deadline 5,543 current and/or former Applebee’s servers and bartenders submitted a timely Consent to Join Form.
• UPDATE: In our last update, we mentioned that Applebee’s had the option of asking the United States Supreme Court to review this case following our victory in the Eighth Circuit Court of Appeals regarding the legal standard to be applied to the case. Applebee’s in fact made such a request, and after briefing by both parties, we are pleased to announce that the Supreme Court denied Applebee’s request on January 17, 2012. At this time we will be preparing for trial, which is currently set to take place in Jefferson City, MO, in September of this year.
• This matter was set to go to trial on September 8 of 2009. In preparing for trial, certain legal issues arose regarding the precise standard that was to be applied to the case, and which party had the burden of proof. Rather than proceed to trial and leave these important issues unresolved until a post-trial appeal to the Eighth Circuit Court of Appeals, which could lead to yet another trial, the trial court and parties have agreed to take these issues to the Court of Appeals for resolution prior to trial. We believe that this is the most efficient way of handling the case and providing for a “cleaner” and more focused trial. The trial has thus been stayed for the time being so these issues may be resolved by the Court of Appeals.
• ORDER – March 4, 2010. This Order denies Applebee’s Motion for Summary Judgment and confirms the District Court agrees with Plaintiffs’ analysis of the law as it relates to Applebee’s failure to properly pay its tipped employees. This Order does not analyze whether Applebee’s failed to properly pay its employees, but rather addressed the proper analysis under the law to answer that question. This Order provides the basis for an appeal to the 8th Circuit Court of Appeals, which is to follow in the near future. When new developments occur, this website will be updated.