Frequently Asked Questions

BASIC INFORMATION

1. Who is eligible to participate in this Settlement?

All Servers who worked for Defendant Ovations Food Services, L.P. d/b/a Spectra Food Services & Hospitality (“Ovations”) at Chickie’s & Pete’s in Allentown, Pennsylvania, and were paid a subminimum wage between September 11, 2020, and January 31, 2024.

2. What are the terms of the proposed Settlement?

Subject to Court approval, the terms of the Settlement are as follows:

1. Ovations will allocate funds towards a Settlement Fund to pay: (a) the proper and timely claims of eligible Settlement Collective Members; and (b) Enhancement Awards to the Class Representative.
2. Payment to Class Counsel will be made separate and apart from the portion of the Settlement Fund designated for Settlement Collective Members.
3. After deduction from the Settlement Fund for Enhancement awards, certain funds will remain from which Ovations will make a Settlement Payment to each Eligible Settlement Collective Member who timely submits a valid Consent to Join Form and who worked for Defendant at Chickie’s and Pete’s as a Server during the Relevant Time Period. Your settlement payment is based on the weeks worked, rates of pay and compensation received during the Relevant Time Period.
4. The Parties have agreed to an approach that they believe fairly allocates the Settlement fund between and among the Settlement Collective Members.
5. Each individual who submits a timely and valid Consent to Join Form is deemed to fully and finally release and discharge Ovations Food Services, L.P. d/b/a Spectra Food Services & Hospitality, and their direct and indirect past, present, and future parents, affiliates, subsidiaries, partners, franchisors, divisions, predecessors, insurers, reinsurers, professional employment organizations, representatives, successors, and assigns, including without limitation Venue Food Services, LLC, BDH Restaurants, LLC, and BDH Development, LLC, and their current and former employees, attorneys, officers, owners, members, managers directors, and agents thereof, both individually and in their business capacities, and their employee benefit plans and programs and their administrators and fiduciaries, both individually and in their business capacities (collectively, the “Released Parties”) from any and all wage and hour claims, suits, actions, controversies, demands, or causes of action, premised upon statute, contract, common law or otherwise, whether seeking liquidated or actual damages, penalties, specific performance, injunctive relief, attorneys’ fees, costs, interest or any other relief, against Defendant or other Released Parties that arise out of, concern, or are connected with the alleged violation of or non-compliance with the Fair Labor Standards Act of 1938, 29 U.S.C. §§ 201 to 219 (“FLSA”), the Pennsylvania Minimum Wage Act of 1968, 43 P.S. §§ 333.101 to .115 (“PMWA”), the Pennsylvania Wage Payment and Collection Law, 43 P.S. §§ 260.1 to .12 (“PWPCL”), or any other federal, state, or local law, rule, regulation, or ordinance concerning the payment of wages through January 31, 2024.

3. How to participate and receive compensation.

You must complete, sign, and return the Consent to Join Form enclosed with the Notice to the Settlement Administrator below. Your Consent to Join Form must be received or postmarked no later than October 5, 2024. Late or incomplete Consent to Join Forms will not be honored.

The Consent to Join Form may be submitted on the settlement website here or mailed to the Settlement Administrator by: October 5, 2024.

Minimum and Overtime Wage Lawsuit Against
Ovations Food Services, L.P. at Chickie’s & Pete’s of Allentown, PA
c/o Simpluris, Inc.
P.O. Box 26170
Santa Ana, CA 92799
Telephone: (888) 369-3780

If you lose or misplace your settlement papers, a copy of the Consent to Join Form may also be obtained by contacting the Settlement Administrator.

4. What if you do nothing?

Class members who do not return the Consent to Join Form will not receive any money from this settlement.

5. What is the tax treatment of the Settlement payments?

For tax reporting purposes, any payments made pursuant to the Settlement shall be allocated as follows: (a) fifty percent (50%) shall be deemed payment in settlement of claims for unpaid wages; and (b) fifty percent (50%) shall be deemed payment in settlement of claims for penalties, liquidated damages, interest, and all other non-wage recovery. With respect to the portion of payment allocated to the settlement of claims for unpaid wages, such portion will be subject to required withholdings and deductions by Ovations and will be reported as wage income on a Form W-2 to be issued by Ovations, and such other state or local tax reporting forms as may be required by law. With respect to the portion of payment allocated to the settlement of claims for non-wage recovery, such amounts will not be subject to withholding or deduction and will be reported as non-wage income on a Form 1099 or equivalent to be issued by Ovations and such other state or local tax reporting forms as may be required by law.

If you have any questions regarding the tax treatment of any payments pursuant to the Settlement, you should consult your own tax advisor.

6. What if I need more information?

For more information, you may review the Court’s files. The pleadings and other records in the Litigation may be examined at the Office of the Clerk of the United States District Court, located at the U.S. Post Office and Courthouse Building, Suite 10160, Tenth Floor, Pittsburgh, PA.

Class members must promptly notify the Settlement Administrator if his/her address changes or is different from the address on the envelope enclosing their Notice.

Email: info@OvationsWageLawsuit.com
Telephone: 888-369-3780
P.O. Box 26170
Santa Ana, CA 92799

Any questions regarding the Notice or the Consent to Join Form should be directed to Co-Class Counsel:

Jordan Richards, Esq.
USA Employment Lawyers – Jordan Richards PLLC
1800 SE 10 Ave. Suite 205
Fort Lauderdale, Florida 33316
Phone: 954-871-0050
E-mail: Jordan@JordanRichardsPLLC.com

Matthew Logue, Esq.
Quinn Logue
200 First Ave. Third Floor
Pittsburgh, Pennsylvania 15222
Phone: 412-765-3800
E-mail: matt@quinnlogue.com