This case is about whether Applebee’s failed to pay servers and/or bartenders proper wages as required under the Federal Fair Labor Standards Act (“FLSA”). Plaintiffs 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.

Individuals who were and/or are employed at an Applebee’s restaurant as a server and/or bartender at any time from February 12, 2005 to the present.

Because you may be owed back wages. This suit alleges that Applebee’s used tipped employees, servers and/or bartenders, to perform general maintenance and/or preparatory type work for which those employees did not earn tips and were not paid minimum wage. This case seeks to force Applebee’s to properly pay employees for the work they did. If you do not choose to participate, you will not be able to share in any recovery that may be obtained through this case.

If you are a current or former server and/or bartender at an Applebee’s restaurant employed at any time from June 19, 2004 to the present you may participate in this case. To participate in this case, you must complete a Consent to Join Form and submit it to the Applebee’s Class Action Litigation Administrator by December 14, 2007. If your signed Consent to Join Form is not postmarked or received electronically by December 14, 2007 then you will not participate in any recovery obtained against Applebee’s in this case.

Applebee’s records indicate that you are currently or were formerly employed as a server and/or bartender between June 19, 2004 to the present time. The notice you received is designed to 1) inform you of a pending case against Applebee’s which you may have a right to join, 2) advise you of how your rights may be affected by this case and 3) instruct you on how to participate in this case.

If you elect to participate in this case, then you will be bound by the final judgment. If a settlement is reached on behalf of the class, then you will share in this settlement. By participating in this case, you designate the named Plaintiffs as your representatives and to make decisions on your behalf concerning the case and the method and manner of conducting the case. These decisions and agreements made and entered into will be binding on you if you participate in this case. Additionally, it is a violation of federal law for Applebee’s to terminate your employment or in any other manner discriminate or retaliate against you for taking part in this case or otherwise exercising your rights under the FLSA. If you believe that Applebee’s has retaliated against you in any way regarding this lawsuit, then you should contact Plaintiffs’ counsel immediately.

You will not be entitled to share in any amounts received by the class as part of this case. You will also be free to file your own individual lawsuit subject to any defenses and applicable statute of limitations.

Those who participate in the case (see Consent to Join Form) could receive money for unpaid wages.

In a class action lawsuit, one or more people called “Class Representatives” (in this case Gerald Fast, Talisha Cheshire and Brady Gehrling) sue on behalf of other people who have similar claims. The people together are a “Class” or “Class Members”. The Class Representatives and all the Class Members like them who choose to participate are called the Plaintiffs. The company they sued (in this case, Applebee’s) is called the Defendant. In a class action, one court resolves the common issues for everyone in the Class who chose to participate in the case.

No. It is a violation of Federal law for Applebee’s to retaliate against you for participating in this case. If you believe that Applebee’s has retaliated against you in any way regarding this case, then you should contact Plaintiff’s counsel immediately.

If you elect to participate in this case, then your interests will be represented by the named Plaintiffs through their attorneys. You may contact the attorneys with any questions, comments or additional information requests. Click here for their contact information.

If you have any questions you may contact the Applebee’s Class Action Litigation Administrator at 888-760-4869 or write to the Applebee’s Class Action Litigation Administrator at P.O. Box 4390, Portland, OR 97208-4390. You may also contact Plaintiff’s counsel and click here for their contact information.