Frequently Asked Questions

1. Why did I get the notice?

FLSA Opt-in Plaintiffs received a Notice because they timely joined this case as an “Opt-in” Plaintiff, and P.F. Chang’s records show they worked as a Server for P.F. Chang’s during the period covered by this case. To obtain their share of the settlement, the FLSA Opt-in Plaintiffs must complete the release form and return it to the Settlement Administrator by October 25, 2024. Alternatively, the FLSA Opt-in Plaintiffs may complete the release form online by using the Unique ID and PIN included in their notice.

2. What is the lawsuit about?

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. The Notice of Lawsuit was sent to individuals who met the following description based on Defendant’s records:

“Any individual who worked or works for Defendant P.F. Chang’s China Bistro, Inc. (“P.F. Chang’s”) as a Server at any time from November 5, 2016, to the present in the following states: Alabama, Arkansas, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, New Jersey, New Mexico, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Virginia, and Wisconsin.”

Because FLSA Opt-in Plaintiffs filed a consent to join form, they are Opt-in Plaintiffs and are part of the collective action. The Court has approved the distribution of a Settlement Notice, which provides information on how to participate in the settlement and outlines their options.

Servers are only eligible for the settlement if they: a) are an Opt-in Plaintiff in this action; b) worked as a Server during the relevant time period; and c) worked as a Server in a state included in this lawsuit.

P.F. Chang’s has denied the Plaintiffs’ allegations and asserts that Servers were compensated correctly under federal and state wage and hour laws. P.F. Chang’s also contended that the litigation was not suitable for collective action treatment due to considerable differences among the individuals who opted to participate in this case. Nevertheless, the Parties have agreed to settle this dispute to avoid further disputes and litigation with its attendant risk, expense, and inconvenience. The Court has not made any ruling on the merits of the claims, and no Party has prevailed in this action. P.F. Chang’s will not take an adverse employment action against any eligible Server who accepts a settlement payment as the law prohibits any such retaliation.

3. What does the Settlement provide?

On December 13, 2023, through arms-length and comprehensive negotiations at a private mediation with a retired Judge, the parties reached a tentative settlement agreement, which was preliminarily approved by the Court on August 15, 2024. Plaintiffs’ Counsel has obtained for the Servers what they believe to be a fair and reasonable settlement offer in light of disputed issues.

4. What is your Settlement Amount?

Your individual settlement offer is based on a calculation performed by Plaintiffs’ Counsel using the date your consent form was filed, your hours worked that were paid at a rate below minimum wage, as calculated based on your hours and earnings history in Defendant’s timekeeping and payroll records.

From this calculation, each Opt-in Plaintiff was allocated her or his pro rata share of the total settlement reached, after a deduction for attorneys’ fees, litigation costs, administration costs, and Named Plaintiff Service Payments, all of which the Court has approved. Please note that your individual settlement allocation reflected in this notice could change based on circumstances in the settlement, but it is not expected to decrease.

Your settlement payment will be reported as one-half W-2 wage earnings and one-half penalties, interest, and liquidated damages, reported on a 1099. You will be responsible for the payment of any personal taxes owing on that amount. Standard employment tax withholdings will be made from the portion of your settlement award allocated to the settlement of your claim for unpaid wages.

You will have 120 days to cash your settlement checks. If you do not cash your check during this time, the money will be donated to charity.

5. What am I giving up to get a payment?

If an FLSA Opt-in Plaintiff accepts their settlement offer, they agree to waive and release their wage and hour claims against Defendant for damages, penalties, interest, attorneys’ fees, costs, and any other amounts recoverable under the Fair Labor Standards Act or related state laws during their employment with P.F. Chang’s through March 6, 2024.

If an FLSA Opt-in Plaintiff excludes themselves from the Settlement, their claim will be dismissed by the Court without prejudice, and they will not receive a settlement payment. However, they will be entitled to file a separate individual lawsuit if they choose, subject to all applicable statutes of limitations that may apply and/or may have already run on their claims. The FLSA Opt-in Plaintiff will have 30 days of tolling after the Court approves the settlement and dismisses the case; after this period, the statute of limitations will resume and continue to run.

6. What if I have more questions?

If FLSA Opt-in Plaintiffs would like to review the full Settlement Agreement, or if they have any questions about the settlement, they should contact Plaintiffs’ Counsel:

Reena I. Desai
Daniel S. Brome
Nichols Kaster
4700 IDS Center
80 South Eighth St.
Minneapolis, MN
Tel: 612-256-3238
Email: pfchangscase@nka.com