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BERTUCCI’S ITALIAN RESTAURANT
STATUS: We are actively investigating claims on behalf of current and former hourly tipped
restaurant workers at Bertucci’s Italian Restaurant.
YOU MAY QUALIFY TO JOIN THIS INVESTIGATION IF:
1.
You are or were employed by Bertucci’s Italian Restaurant (“Bertucci’s”) at some point
during the past three years;
2. You worked in a tipped position; and
3. You were paid subminimum wages for duties unrelated to a tipped position, including
washing dishes, preparing entrees and appetizers, and cleaning the restaurant.
WHAT IS THE INVESTIGATION ABOUT?
Investigations have revealed that Bertucci’s pay policy violated federal and state minimum wage
requirements. Specifically, Bertucci’s policy pays its employees subminimum wages for duties
including washing dishes, cleaning the restaurant, and preparing entrees and appetizers. Bertucci
does not qualify for an exception to the minimum wage requirements and therefore employees are
entitled to the full minimum wage for each hour worked.
Some companies who violate the law are hopeful that if they can hide the violation and not make it
too obvious to employees, by the time a lawsuit starts, they can save themselves more money than a
lawsuit will cost. But, as the Department of Labor regulations make clear, that does not make such
practices legal.
HOW DO I JOIN?
Our investigation involves persons who worked for Bertucci’s in the last six years and were paid a
subminimum wage. Therefore, if you are a current or former Bertucci’s employee and were paid a
subminimum wage, then you qualify to participate in this investigation.
Additionally, you can CONTACT US toll free at 1-877-272-4066 so we can learn more about your
employment situation and discuss any possible claims that you may have against Bertucci’s. There is
no charge or obligation for contacting us and we will not disclose to Bertucci’s any information that
you provide to our legal team. However, no formal attorney-client relationship with us will be
created by contacting us to discuss your claims.
Contacting us to discuss your situation does not automatically qualify you to participate in any
lawsuit that may be filed. If we file a lawsuit against Bertucci’s, you will not be a plaintiff in that
lawsuit until your CONSENT FORM (enclosed herein), if one is submitted to us, has been
received, we confirm that you qualify for the lawsuit, and we file your Consent Form with the Court.
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Any communications with us will be kept confidential. Additionally, our formal representation of
you at that time would cover only those wage claims that are included in the Complaint filed with
the Court.
You have the right to seek other legal counsel to represent you. Choosing a lawyer is an important
decision and you should select a lawyer to represent you who you feel can best protect your
interests. Please CONTACT US toll free at 1-877-272-4066 if you have any questions.
ARE THERE ANY DEADLINES?
Yes. Rules called the statutes of limitations may limit the time for which back wages may be
recovered, which ultimately reduces the amount of recoverable back wages. If a lawsuit is filed, and
you are awarded money under federal law, you will likely be able to collect back wages only for the
two or three years immediately prior to the date of filing your CONSENT FORM once a lawsuit
has been commenced. The statute of limitations for damages under applicable state law may vary.
Therefore, should you decide to participate in this investigation, we encourage you to contact us as
soon as possible. If you want to find out what, if anything, you may be owed, you should
CONTACT our legal team at once and submit at least a completed INFORMATION SHEET.
Contacting us or submitting any documents, including an Information Sheet, will not form an
attorney-client relationship. However, all communications with us about your situation will be kept
confidential. If you would like to participate in a lawsuit against Bertucci’s for unpaid wages, if any
such lawsuit is filed, then you should also submit a CONSENT FORM. If we decide to file a
lawsuit in which we believe you are entitled to recover damages, we would file your CONSENT
FORM to seek back wages on your behalf.
However, if you feel that your potential claims against Bertucci’s require the immediate filing of a
lawsuit, or that you may have claims other than or in addition to the wage and hour claims discussed
here, then we encourage you to retain another attorney now to avoid losing those claims as a result
of any statute of limitations or other deadline that may extinguish any of your claims or lessen any
damages to which you could be entitled.
IS THIS A LAWSUIT?
No. At this point we are merely investigating Bertucci’s employment practices regarding tipped
employees. We would like to learn more about your employment history as a tipped employee with
Bertucci’s. Any communications with us will be protected and confidential.
SHOULD I BE AFRAID TO PARTICIPATE IN THIS INVESTIGATION
OR LAWSUIT?
No. If you would like to talk to one of our attorneys handling the lawsuit, at no charge or obligation
to you, then, please CONTACT US toll free at 1-877-272-4066. We will not share any information
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from you with anyone else, including Bertucci’s. If we do commence a lawsuit against Bertucci’s,
and you complete and we file your CONSENT FORM, then at that time Bertucci’s may know
your name. However, Bertucci’s is not permitted by law to take any adverse employment action
against you because you participated in this investigation or possible lawsuit.
CONSENT TO BECOME A PARTY PLAINTIFF
I consent to become a “party plaintiff,” named, or a representative plaintiff in any Fair Labor Standards Act
action of unpaid wages, including overtime wages and/or tip credit violations, and related relief against my
employer(s), including Bertucci’s Italian Restaurant, and any related entity or person, on behalf of myself and
other former and current employees of the employer(s).
I wish to preserve and pursue any claim that I may have to the greatest extent possible. Therefore, I expressly
consent to the use of this consent form for purposes of making me a party plaintiff in any lawsuit and/or lawsuits that plaintiffs’ attorneys have brought and/or may bring on behalf of myself and other employees alleged
to be similarly situated.
I authorize the representative plaintiffs or plaintiffs’ attorneys to file this consent with the Clerk of the Court. I
hereby further authorize and designate the named plaintiffs to act on my behalf concerning the litigation, this
investigation, consideration of settlement and attorneys’ fees and costs, and all other matters pertaining to this
lawsuit.
Signature
Print Full Legal Name
Date
INFORMATION SHEET
Please keep us informed of any changes to your contact information
(PLEASE FILL OUT COMPLETELY)
Name
First Name
Home Phone ( __ __ __ ) - __ __ __ - __ __ __ __
Last Name
Address ___________________________________________________
Cell Phone
City ______________________________________ State_______ Zip Code____________
E-Mail Address _____________________________________
Social Security Number
( __ __ __ ) - __ __ __ - __ __ __ __
X X X __ X X __
Any personal identification information that you provide to us will only be used to protect your interests
and the class members’ in this lawsuit.
I am/was employed by Bertucci’s Italian Restaurant.
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Please note that any attorney-client relationship with you will start only if we submit your Consent Form in court
seeking payment of unpaid wages and other claims arising out of wage and hour law.
PLEASE RETURN TO
Thomas & Solomon LLP
693 East Avenue
Rochester, New York 14607
If you have any additional questions, feel free to contact the law firm above at
www.theemploymentattorneys.com (website) [email protected] (e-mail)
1.877.272.4066 (telephone M-F 9:00A—5:30P ET) 1.877.272.0574 (facsimile)
Information Sheet 00001