P.F. Chang’s Servers Win Conditional Certification
No Company is Too Big to Play Fair.
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By
Nichols Kaster
On July 8, 2020, Plaintiffs won their motion for conditional certification, which means the Judge has authorized us to send notice of the lawsuit to all servers who worked for P.F. Chang’s in the last 3 years and 9.5 months in 30 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. These servers will have an opportunity to join this case to assert their minimum wage claims for time worked performing excessive untipped work, such as side-work, when they performed such work more than 20% of the workweek. The Judge also refused to decide, for now, P.F. Chang’s argument that the Court does not have jurisdiction over servers who worked in states other than Pennsylvania (where the case is located).
