NOTICE OF PROPOSED CLASS ACTION SETTLEMENT
Windheim, et al. v. Tipsy Joe Corp., et al., Case No. 0:22-cv-60278-CMA
United States District Court for the Southern District of Florida
For more information, visit www.tipsysettlement.com.
Para informacion en Espnaol, visitor www.tipsysettlement.com
PLEASE READ THIS NOTICE CAREFULLY. YOU MAY BE ENTITLED TO A PAYMENT FROM A CLASS ACTION SETTLEMENT IF YOU WORKED AS A SERVER AT TIPSY BOAR GASTROPUB IN HOLLYWOOD, FLORIDA BETWEEN FEBRUARY 5, 2017 AND AUGUST 3 2022.
A federal court authorized this notice of a proposed class action settlement. This is not a solicitation from a lawyer and is not notice of a lawsuit against you.
WHY DID I GET THIS NOTICE?
- This notice is to inform you that a proposed settlement has been reached in a class action lawsuit between Tipsy Joe, Corp. d/b/a The Tipsy Boar Gastropub, Luisa F. Castellanos, and Jose Castellanos (“Defendants”) and certain individuals who worked as servers at Tipsy Boar Gastropub between February 5, 2017 and August 2, 2022. Joshua Windheim (“Mr. Windheim”), a former server at Tipsy Boar, initiated this lawsuit. Rather than continue to litigate these matters, the Parties have reached a settlement. Pursuant to the terms of the settlement, servers who worked at Tipsy Boar Gastropub between February 5, 2017 and August 2, 2022, may receive payments depending on the amount of time they worked at Tipsy Boar Gastropub between those dates.
- The lawsuit alleges that Defendants violated the Florida Minimum Wage Act by failing to provide servers adequate notice of the tip credit, failing to compensate servers the applicable reduced wage, requiring servers to work certain hours offthe-clock, and allowing managers to take certain portions of a tip pool that servers were required to contribute to. The case is Windheim, et al. v. Tipsy Joe, Corp., et al., Case No. 0:22-cv-60278-CMA, currently pending in the United States District Court for the Southern District of Florida (Fort Lauderdale Division). The proposed settlement is not an admission of wrongdoing by Defendants, and Defendants deny that they violated the law. The Court has not decided who is right or wrong. Rather, to avoid the time, expense, and uncertainty of litigation, the Parties have agreed to settle the lawsuit. The settlement has been preliminarily approved by the United States District Court for the Southern District of Florida.
- You are a member of the class and eligible to participate in the settlement if you worked as a server at Tipsy Boar Gastropub in Hollywood, Florida between February 5, 2017 and August 2, 2022.
- If the Court approves the settlement, members of the class who submit valid claims will receive a distribution from a settlement fund that Defendants have agreed to establish. Each individual who submits a valid claim will receive a portion of this fund, after all notice and administration costs, an individual payment to Mr. Windheim, and attorneys’ fees – if approved by the Court – have been paid. Payments are estimated to be between $25.00 and $2,500.00, depending on the duration of your actual employment.
Summary of Your Rights and Choices:
Your Legal Rights Are Affected Even If You Do Not Act. Read This Notice Carefully.