Belt v. P.F. Chang's China Bistro, Inc.

United States District Court for the Eastern District of Pennsylvania
Case No. 2:18-cv-03831-AB

Welcome to the website for the FLSA Collective Action Settlement

This case was filed on July 11, 2018, on behalf of Servers who worked for P.F. Chang’s China Bistro, Inc. (“Defendant” or “P.F. Chang’s”). In the suit, Plaintiffs allege that P.F. Chang’s required Servers to perform excessive amounts of side work that did not generate tips, and that P.F. Chang’s failed to pay minimum wage under applicable federal law as a result. Plaintiffs sought to recover unpaid minimum wages, liquidated damages, and other related relief.

The Court conditionally certified this lawsuit as a collective action under the Fair Labor Standards Act (“FLSA”) on July 8, 2020. Notice of the Lawsuit was sent to all eligible servers providing them with the opportunity to join the lawsuit.

Your Options
Accept the Settlement

To participate in the settlement and receive payment FLSA Opt-in Plaintiffs must return a release form by October 25, 2024. FLSA Opt-in Plaintiffs may sign and return the release form by email or fax or complete the form online.

Reject the Settlement

FLSA Opt-in Plaintiffs have the right to withdraw from this lawsuit if they do not wish to release claims in exchange for a settlement payment. If FLSA Opt-in Plaintiffs do so, they will not release any claims, and will retain the right to bring their own claims against Defendant, to the extent the claims are within the applicable statute of limitations, but will not receive any settlement payments from this settlement. If FLSA Opt-in Plaintiffs wish to withdraw from this Lawsuit and reject the settlement, they must notify the Settlement Administrator by email or written letter. The Settlement Administrator may ask for additional proof of identity.

If FLSA Opt-in Plaintiffs submit a valid Exclusion Letter, they will not participate in or be bound by the Settlement, will not release any claims through this Settlement, will not be entitled to any payment from the Settlement, and will not have any right to appeal from or comment on the Settlement. If FLSA Opt-in Plaintiffs return a valid Exclusion Letter, their claims in this case will be dismissed without prejudice to their right to file a separate individual lawsuit. FLSA Opt-in Plaintiffs’ claims will be tolled for 30 days after the Court grants final approval of the settlement and dismisses the case to file a new lawsuit without any further loss of time under the applicable statute of limitations.

Do not respond to the Settlement

If an FLSA Opt-in Plaintiff does not respond to this notice, they will not receive payment, and their claims will be dismissed with prejudice, meaning they will be barred from asserting their claims in the future. Therefore, it is very important that FLSA Opt-in Plaintiffs return a release form if they wish to receive payment and release their claims, or return an Exclusion Letter if they do not wish to receive payment but want to preserve their claims.