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Thomas, et al. v. Mekruth Inc. d/b/a Amy Ruth’s Restaurant, et al., Civil Action No. 19-cv-01566-AJN

    • This website relates to a proposed settlement in a class and collective action lawsuit that alleges Amy Ruth’s Restaurant (“Amy Ruth’s”) violated the federal Fair Labor Standard Act (“FLSA”) and New York Labor Laws (“NYLL”). The two sides disagree as to whether Amy Ruth’s conduct was permitted under the FLSA and NYLL, whether Amy Ruth’s would be liable under the FLSA and NYLL with respect to that conduct, and if so, the extent of any such liability. Amy Ruth’s denies that it violated the law in any fashion whatsoever. The parties have agreed to resolve the lawsuit by a settlement.
    • There is one proposed NYLL Class that includes all hourly, non-exempt employees of Amy Ruth’s between February 21, 2013, and November 15, 2019.
    • There is one proposed FLSA Collective that includes all hourly, non-exempt employees of Amy Ruth’s between February 21, 2016, and November 15, 2019.
    • You may be entitled to receive money under the terms of this Settlement.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT

Submit a Claim Form
Receive two payments. You will receive the first payment because you are a member of the Settlement Class. You will receive a second payment because you submitted a Claim Form and became a member of the FLSA Collective.

Do Nothing
Receive one payment. You will receive one payment if you do nothing, because you are a member of the Settlement Class.

Exclude Yourself
Receive zero payments. This is the only option that allows you to be part of any other lawsuit or legal action against Amy Ruth’s relating to any and all claims that otherwise would be released by the Settlement Agreement

Object
Write to the Court about why you object to the Settlement. See Objecting To The Settlement below.

Go to the Hearing
Ask to speak in Court about the fairness of the Settlement.

FREQUENTLY ASKED QUESTIONS

You were sent a Notice because Amy Ruth’s records indicate that you worked as an hourly, non-exempt employee at some time between February 21, 2013, and November 15, 2019. As such, you are entitled to up to two payments.

This Court Authorized Notice has been circulated, because members of the NYLL Class and FLSA Collective have a right to know about a proposed Settlement in which they are class members and can become collective members by submitting a Claim Form before the Court decides whether to approve the Settlement. If the Court approves the Settlement, but after objections or appeals relating to that Settlement are resolved, members of the NYLL Class and/or FLSA Collective will receive benefit(s) from the Settlement.

This Notice explains the lawsuit, the Settlement, your legal rights, what benefits are available, who is eligible for them, and how to get them. A full copy of the Settlement Agreement may be reviewed here.

The Court in charge of this case is the United States District Court for the Southern District of New York, and the case is known as Qwame Thomas, individually and on behalf of all others similarly situated, v. Mekruth Inc. d/b/a Amy Ruth’s Restaurant, Mitchell Mekles, David Mekles, in their official and individual capacity, and Does 1-50, inclusive, in Civil Action No. 1:19-cv-01566-AJN. The persons who filed this lawsuit are called the Plaintiffs, and Amy Ruth’s is the Defendants.

CLAIM FORM

The deadline to submit a Claim Form was 07.12.21 and has now passed.

CHANGE OF ADDRESS FORM

  • THIS IS NOT A CLAIM FORM. COMPLETING THIS FORM WILL ONLY CHANGE THE ADDRESS THAT WE HAVE ON FILE FOR YOU. IF YOU WISH TO PARTICIPATE IN THE SETTLEMENT, YOU MUST FILE A CLAIM FORM NO LATER THAN JULY 12, 2021.
  • This field is for validation purposes and should be left unchanged.

DOCUMENTS RELATED TO THE SETTLEMENT