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Prospectors Steakhouse & Saloon

This lawsuit seeks to recover unpaid wages for restaurant servers who worked at Prospectors Steakhouse & Saloon located in Mount Laurel, NJ. The servers allege that Prospectors violated federal laws by paying them a tipped minimum wage of $2.13 per hour and requiring them to tip out Expediters.

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Case Updates

Apr 17, 2017

Today, our firm filed a class and collective action lawsuit in the United States District Court for the District of New Jersey on behalf of servers and bartenders at the Prospectors Steakhouse and Saloon operated by KMC Enterprises, Inc. and located in Mount Laurel, NJ. The lawsuit alleges that Prospectors violated the Fair Labor Standards Act and the New Jersey Wage and Hour Law by paying its servers and bartenders a sub-minimum wage of $2.13 per hour plus tips but requiring that they pay a portion of their tips to Expediters. According to the servers and bartenders, Expediters do not have sufficient and direct customer interaction to allow them to participate in the tip pool. The lawsuit seeks to proceed as a collective action under federal law and a class action under New Jersey state law. 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.

Jun 13, 2017

Today, lawyers for Prospectors Steakhouse & Saloon filed a motion requesting that the federal judge send this case to private arbitration and arguing that the servers and bartenders are not allowed to have their claims decided by a jury in federal court. A copy of the Motion is available below.

Jul 6, 2017

Today we filed a demand for arbitration with the American Arbitration Association (“AAA”) asserting collective action claims under the Fair Labor Standards Act on behalf of servers at the Prospectors Steakhouse & Saloon located in Mount Laurel, New Jersey. This arbitration replaces the federal court lawsuit that was filed in the District of New Jersey earlier this year. The arbitration alleges that Prospectors violated the Fair Labor Standards Act by paying its servers a sub-minimum wage of $2.13 per hour plus tips, but requiring that they pay a portion of their tips to Expediters. According to the servers and bartenders, Expediters do not have sufficient and direct customer interaction to allow them to participate in the tip pool. If you would like additional information about the arbitration and whether you are covered or potentially eligible to join, feel free to call our office at (215) 884-2491.

Oct 6, 2017

Today the parties participated in a telephone scheduling conference with attorney Richard C. McNeill, Jr., who has been selected to serve as the arbitrator in this case. Arbitrator McNeill will be issuing a scheduling order in the coming days setting out initial deadlines for the arbitration.

Oct 9, 2017

Today Arbitrator McNeill issued a scheduling order for the first phase of this lawsuit. A copy of this order is available below.

Dec 5, 2017

Today Arbitrator McNeill issued an order conditionally certifying this case as a collective action under the Fair Labor Standards Act. In early January, those individuals who worked as servers at the Prospectors Steakhouse & Saloon located in Mount Laurel, New Jersey within the past three years will be mailed a notice and consent form which gives them the opportunity to join or "opt-in" to this litigation. A copy of Arbitrator McNeill's order is below.

Jan 3, 2018

Today notice and consent forms were mailed to those individuals who worked as servers at the Prospectors Steakhouse & Saloon within the last three years to give them the opportunity to join or "opt-in" to this litigation. Copies of each of these documents can be accessed below.

Jan 22, 2018

We are very pleased to report that, as of today, 30 current and former servers have joined the lawsuit. Individuals wishing to join the lawsuit must return a Consent to Join form to our office by February 17, 2018. A copy of the Consent to Join form is available below.

Mar 2, 2018

The deadline for individuals to join this lawsuit has now passed. We are very happy that a total of 46 current/former servers have joined the lawsuit.

Mar 12, 2018

Today, the Arbitrator overseeing this case entered an Order setting some deadlines for this lawsuit. A copy of the order is available below. Under the order, the parties have until September 10, 2018 to complete the "discovery" process. During the discovery phase of a lawsuit, our law firm will obtain from the company information relevant to the legal claims and the alleged unpaid overtime wages.

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