Updated Chili's Lawsuit Information
Servers Win Tip-Pool Case Against Chili's
Chili’s Litigation
On November 1, 2005, the law firm of Shellist Lazarz, LLP filed suit on behalf of Jennifer Roussell, a server at Chili’s, against Brinker International, Inc., the parent company of Chili’s, for requiring her and other Chili’s servers to participate in an invalid tip pool, whereby Roussell and other servers were required to pay a percentage of their tips to QAs (also known as “Quality Assurance workers,” “Expediters,” and “Expos.”) The lawsuit contends that federal law prohibits Chili’s from maintaining such a tip pool. The lawsuit is currently pending in Federal District Court in Houston, Texas. You may view a copy of the most recent Complaint here. The Houston-based law firm of Bruckner Burch PLLC is acting as co-counsel on the case.
Summary of Claims
The lawsuit claims that under the Fair Labor Standards Act (FLSA), Chili’s was prohibited from requiring its servers to pay a percentage of their tips to QAs or any other non-tipped employee.
On August 28, 2006, the Court certified this case as a “Collective Action” lawsuit under the FLSA, permitting the Plaintiffs to send out notice of the lawsuit to approximately 60,000 Chili’s servers who were employed by Chili’s between August 28, 2003 and the present, and giving those Chili’s servers an opportunity to join the lawsuit. Also on August 28, 2006, the Court approved the form of the notice that was mailed to all current and former Chili’s servers during the relevant time period. You may view a copy of the Notice approved by the Court here. Individuals who wish to join the lawsuit must formally do so to be entitled to recover. If you do not join in this case, you will not receive any unpaid wages or other relief from this case if the Plaintiffs prevail.
How to Join the Lawsuit
If you are a current or former Chili’s server, and you would like to participate in this lawsuit, complete the Consent to Become Party Plaintiff and return it to our office via fax, e-mail, or regular mail. Shellist Lazarz LLP and Bruckner Burch PLLC must file all Consents to Become Party Plaintiff with the Court no later than Wednesday, December 13, 2006. If you would like to join the case after this date, please contact us as soon as possible. Should you have questions about how the lawsuit may affect you or whether you qualify to join this lawsuit, please contact us and we will respond promptly.
Can Chili’s Retaliate against Me?
The Fair Labor Standards Act (“FLSA”) prohibits Chili’s from retaliating against its employees and former employees who elect to participate in a legal proceeding concerning a violation of wage and hour laws. If you would like more information about this lawsuit, please contact us.
