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CFRA / IHOP

This lawsuit seeks to recover unpaid wages for restaurant servers who worked at International House of Pancakes ("IHOP") restaurants operated by CFRA, LLC. The servers allege that IHOP violated federal overtime laws by paying them a tipped minimum wage of $2.13 per hour and requiring them to perform significant side-work tasks such as cleaning the restaurant and rolling silverware.

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Case Updates

May 21, 2015

Today, our firm along with co-counsel filed a collective action lawsuit against CFRA, LLC in the Middle District of North Carolina. The lawsuit alleges that CFRA violated the Fair Labor Standards Act by paying servers at its International House of Pancake (“IHOP”) locations below $7.25 an hour plus tips but required that they spend more than 20% of their work time performing non-tip producing work. Examples of the non-tip producing work includes, for example, washing dishes, stocking condiments, preparing salads, cleaning the walls, wiping the tables, rolling silverware and cleaning the restaurant. The lawsuit seeks to proceed on a behalf of a collective of all Servers employed by CFRA at its IHOP restaurants who spent more than 20% of their time performed non-tip producing work as a Server while earning a sub-minimum hourly wage during any workweek since May 20, 2012. It is believed that CFRA has IHOP locations throughout Alabama, North Carolina, South Carolina and Tennessee. You can access a copy of the Complaint below. If you would like additional information about the lawsuit and whether you are covered or potentially eligible to join, feel free to call our office at (215) 884-2491.

Jul 15, 2015

Today, the Defendant filed an Answer to the Complaint. In the Answer, Defendant denies violating the law and asserts that their pay practices are legal. You can access the Answer below.

Apr 1, 2016

Today, our firm along with co-counsel filed a motion with the Court for Conditional Certification asking that notice be sent to the following individuals pursuant to 29 U.S.C. § 216(b): All Servers employed by Defendant CFRA, LLC at one of its IHOP restaurants during any workweek within the last three years that Defendant attempted to pay in accordance with the FLSA’s tip credit provision (29 U.S.C. § 203(m)). You can access a copy of this Motion below.

Jul 12, 2016

Today, we are pleased to announce that Judge Catherine C. Eagles of the Middle District of North Carolina granted our Motion for Conditional Certification. In accordance with the Court’s ruling, notice will be mailed out in the coming weeks to all “current and former Servers employed by the defendant CFRA, LLC at one of its IHOP restaurants during any workweek within the last three years that the defendant attempted to pay in accordance with FLSA’s tip credit provision.” You can access a copy of the Court’s order below.

Aug 22, 2016

Today, Magistrate Judge Joi Elizabeth Peake issued an order approving the notice and consent forms that will be mailed to current and former CFRA servers at its IHOP restaurant locations. These forms will be mailed out in the coming weeks. You can access a copy of the Court’s order below.

Dec 9, 2017

Today, Magistrate Judge Joi Elizabeth Peake oversaw a scheduling conference to set a schedule for the rest of this lawsuit. At the conclusion of the conference, Judge Peake issued a scheduling order which can be accessed below. A total of 1,450 current and former servers at CFRA’s IHOP restaurants have joined the lawsuit by filing the necessary opt-in paperwork.

Jun 2, 2017

Today, Magistrate Judge Joi Elizabeth Peake issued a revised scheduling order which adjusted several of the dates in this litigation. A copy of this order can be accessed below. Some of the important deadlines include: (i) setting an August 9, 2017 deadline for certain individuals who were not mailed the original conditional certification notice to join the litigation; (ii) a September 27, 2017 deadline for the parties to complete the discovery phase; and (iii) an October 25, 2017 deadline for the parties to file motions for summary judgment. Judge Peake did not move the trial date in this case which is scheduled for April 2018.

Dec 22, 2017

Today, we filed a motion asking the Judge to approve the settlement as fair and reasonable. If the Judge approves the settlement, we will move forward with the process of getting settlement payments to our over 1,500 hard-working servers who are covered by this case. If you are a client and have questions about the settlement, please call us at (215) 884-2491.

Feb 5, 2018

Today, Judge Catherine C. Eagles of the Middle District of North Carolina approved a $1,725,000 settlement covering over 1,500 servers at 49 IHOP restaurants located throughout the south. A copy of this order can be accessed below.

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